240.30 - Aggravated harassment in the second degree.

§ 240.30 Aggravated harassment in the second degree.    A person is guilty of aggravated harassment in the second degree when,  with  intent  to  harass, annoy, threaten or alarm another person, he or  she:    1. Either (a) communicates with a person, anonymously or otherwise, by  telephone, by telegraph, or by mail, or by  transmitting  or  delivering  any  other  form  of  written communication, in a manner likely to cause  annoyance or alarm; or    (b) causes a communication to be initiated by mechanical or electronic  means  or  otherwise  with  a  person,  anonymously  or  otherwise,   by  telephone,  by  telegraph,  or by mail, or by transmitting or delivering  any other form of written communication, in a  manner  likely  to  cause  annoyance or alarm; or    2.  Makes a telephone call, whether or not a conversation ensues, with  no purpose of legitimate communication; or    3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to  physical  contact,  or attempts or threatens to do the same because of a  belief or perception  regarding  such  person's  race,  color,  national  origin,  ancestry, gender, religion, religious practice, age, disability  or sexual orientation, regardless of whether the belief or perception is  correct; or    4. Commits the crime  of  harassment  in  the  first  degree  and  has  previously been convicted of the crime of harassment in the first degree  as  defined  by  section 240.25 of this article within the preceding ten  years.    5. For the purposes of subdivision  one  of  this  section,  "form  of  written communication" shall include, but not be limited to, a recording  as defined in subdivision six of section 275.00 of this part.    Aggravated harassment in the second degree is a class A misdemeanor.