Criminal DefenseSuccessful CasesAggravated Harassment Statute Revived

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.