A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person's race, color, national
origin, ancestry, gender, gender identity or expression, religion,
religious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct, he or she:
1. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and maintained
for purposes of religious instruction, and the damage to the premises
exceeds fifty dollars; or
2. Commits the crime of aggravated harassment in the second degree in
the manner proscribed by the provisions of subdivision three of section
240.30 of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or
he or she has been previously convicted of the crime of aggravated
harassment in the first degree within the preceding ten years; or
3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited as the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of the
owner or operator of such building or real property;
4. Sets on fire a cross in public view; or
5. Etches, paints, draws upon or otherwise places or displays a noose,
commonly exhibited as a symbol of racism and intimidation, on any
building or other real property, public or private, owned by any person,
firm or corporation or any public agency or instrumentality, without
express permission of the owner or operator of such building or real
property.
Aggravated harassment in the first degree is a class E felony.
Structure New York Laws
Title N - Offenses Against Public Order, Public Sensibilities and the Right to Privacy
Article 240 - Offenses Against Public Order
240.00 - Offenses Against Public Order; Definitions of Terms.
240.05 - Riot in the Second Degree.
240.06 - Riot in the First Degree.
240.21 - Disruption or Disturbance of a Religious Service, Funeral, Burial or Memorial Service.
240.25 - Harassment in the First Degree.
240.26 - Harassment in the Second Degree.
240.30 - Aggravated Harassment in the Second Degree.
240.31 - Aggravated Harassment in the First Degree.
240.32 - Aggravated Harassment of an Employee by an Incarcerated Individual.
240.36 - Loitering in the First Degree.
240.40 - Appearance in Public Under the Influence of Narcotics or a Drug Other Than Alcohol.
240.45 - Criminal Nuisance in the Second Degree.
240.46 - Criminal Nuisance in the First Degree.
240.48 - Disseminating a False Registered Sex Offender Notice.
240.50 - Falsely Reporting an Incident in the Third Degree.
240.55 - Falsely Reporting an Incident in the Second Degree.
240.60 - Falsely Reporting an Incident in the First Degree.
240.61 - Placing a False Bomb or Hazardous Substance in the Second Degree.
240.62 - Placing a False Bomb or Hazardous Substance in the First Degree.
240.65 - Unlawful Prevention of Public Access to Records.
240.70 - Criminal Interference With Health Care Services or Religious Worship in the Second Degree.
240.71 - Criminal Interference With Health Care Services or Religious Worship in the First Degree.
240.72 - Aggravated Interference With Health Care Services in the Second Degree.
240.73 - Aggravated Interference With Health Care Services in the First Degree.
240.75 - Aggravated Family Offense.
240.76 - Directing a Laser at an Aircraft in the Second Degree.
240.77 - Directing a Laser at an Aircraft in the First Degree.