New York criminal charge
Harassment in the second degree in New York
Harassment in the second degree is a Violation under New York criminal law, defined by N.Y. Penal Law § 240.26. As a Violation, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 240.26.
What is the penalty for harassment in the second degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 days (definite sentence (PEN 70.15(4)); a violation is not a crime (PEN 10.00(6)) and conviction is not a criminal conviction) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $250 (or up to double the defendant's gain (PEN 80.05(4), (5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
Common questions about harassment in the second degree in New York
Is harassment in the second degree a crime in New York?
What are the penalties for harassment in the second degree in New York?
As a Violation, harassment in the second degree carries up to 15 days (the maximum authorized for the class) of incarceration and a fine of up to $250 (the maximum authorized for the class) under N.Y. Penal Law § 70.15 (current).
Which New York statute covers harassment in the second degree?
Harassment in the second degree is governed by N.Y. Penal Law § 240.26 (Harassment in the second degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.