Aggravated Harassment Statute Revived. On July 23, 2014, Governor Cuomo signed legislation, claimed by some, to crack down on domestic violence. The new law amends Penal Law section 240.30, Aggravated Harassment in the 2nd Degree, a portion of which was declared unconstitutional earlier this year in the case of People v. Golb, citation omitted. Subdivision 1 of the new law removes the old statu…tory language which required an “intent to harass, annoy or alarm another person” and essentially adds a new threat requirement. That subdivision now requires that, “with intent to harass another person,” the actor communicates or causes to be communicated “a threat to cause physical harm to, or unlawful harm to the property of” that person or a member of that person’s family or household and “knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person’s physical safety or property” or the physical safety or property of a family or household member. This amendment is effective immediately. If you or someone you know is either charged under this law or has any questions, please contact me at the Law Offices of Luigi Vigliotti, P.C., at 516-385-2940.
“New York Penal Law statute 240.30, Aggravated Harassment is found to be unconstitutionally vague and overbroad. All I can say is that it is about time!!! This statute can be read online and it has been used for so many years now to unfairly prosecute, terrorize and incarcerate many people who did nothing more than exercise their First Amendment right to free speech. And while there are those that were guilty of illegal speech, many truly innocent people were the unfortunate victims of an unconstitutional statute. If you were convicted of this crime within the last several years, you may contact my office at 516-385-2940 to determine what if any legal remedies you may have.”