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New York statute

N.Y. Penal Law § 240.26 — Harassment in the second degree

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 240: Offenses Against Public Order, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 240.26

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 240.26Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
240.26 Harassment in the second degree. A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or 2. He or she follows a person in or about a public place or places; or 3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. Subdivisions two and three of this section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended. Harassment in the second degree is a violation.

Official sources

Legal terms used in this section

Questions this section answers

Is harassment in the second degree a crime in New York?

Harassment in the second degree is a violation in New York, and a violation is not a crime under New York Penal Law § 10.00(6) — a conviction is a noncriminal disposition, not a criminal conviction. Harassment in the second degree is governed by N.Y. Penal Law § 240.26.

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).

This reference is informational and is not legal advice.