A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. He or she repeatedly follows a person or engages in a course of
conduct or repeatedly commits acts over a period of time intentionally
placing or attempting to place another person in reasonable fear of
physical injury, serious physical injury or death; or
3. He or she commits the crime of menacing in the third degree in
violation of that part of a duly served order of protection, or such
order which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to article eight
of the family court act, section 530.12 of the criminal procedure law,
or an order of protection issued by a court of competent jurisdiction in
another state, territorial or tribal jurisdiction, which directed the
respondent or defendant to stay away from the person or persons on whose
behalf the order was issued.
Menacing in the second degree is a class A misdemeanor.
Structure New York Laws
Article 120 - Assault and Related Offenses
120.00 - Assault in the Third Degree.
120.01 - Reckless Assault of a Child by a Child Day Care Provider.
120.02 - Reckless Assault of a Child.
120.03 - Vehicular Assault in the Second Degree.
120.04 - Vehicular Assault in the First Degree.
120.04-A - Aggravated Vehicular Assault.
120.05 - Assault in the Second Degree.
120.06 - Gang Assault in the Second Degree.
120.07 - Gang Assault in the First Degree.
120.10 - Assault in the First Degree.
120.11 - Aggravated Assault Upon a Police Officer or a Peace Officer.
120.12 - Aggravated Assault Upon a Person Less Than Eleven Years Old.
120.13 - Menacing in the First Degree.
120.14 - Menacing in the Second Degree.
120.15 - Menacing in the Third Degree.
120.16 - Hazing in the First Degree.
120.17 - Hazing in the Second Degree.
120.18 - Menacing a Police Officer or Peace Officer.
120.20 - Reckless Endangerment in the Second Degree.
120.25 - Reckless Endangerment in the First Degree.
120.30 - Promoting a Suicide Attempt.
120.35 - Promoting a Suicide Attempt; When Punishable as Attempt to Commit Murder.
120.45 - Stalking in the Fourth Degree.
120.50 - Stalking in the Third Degree.
120.55 - Stalking in the Second Degree.