LAWS OF NEW YORK, 1996
CHAPTER 353

EXPLANATION—Matter in italics is new; matter in brackets [ ]
is old law to be omitted.

AN ACT to amend the penal law, in relation to enhancing penalties for violations of orders of protection and to repeal subdivision (b) of section 215.51 of such law relating thereto.

Became a law July 2, 1996, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (b) of section 215.51 of the penal law is REPEALED and a new subdivision (b) is added to read as follows:

(B) IN VIOLATION OF A DULY SERVED ORDER OF PROTECTION, OR SUCH ORDER OF WHICH THE DEFENDANT HAS ACTUAL KNOWLEDGE BECAUSE HE OR SHE WAS PRESENT IN COURT WHEN SUCH ORDER WAS ISSUED, HE OR SHE:

(i) INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A PERSON FOR WHOSE PROTECTION SUCH ORDER WAS ISSUED 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 BY MEANS OF A THREAT OR THREATS; OR

(ii) INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A PERSON FOR WHOSE PROTECTION SUCH ORDER WAS ISSUED IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH BY REPEATEDLY FOLLOWING SUCH PERSON OR ENGAGING IN A COURSE OF CONDUCT OR REPEATEDLY COMMITTING ACTS OVER A PERIOD OF TIME; OR

(iii) INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A PERSON FOR WHOSE PROTECTION SUCH ORDER WAS ISSUED IN REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH WHEN HE OR SHE COMMUNICATES OR CAUSES A COMMUNICATION TO BE INITIATED WITH SUCH PERSON BY MECHANICAL OR ELECTRONIC MEANS OR OTHERWISE, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, OR BY TELEGRAPH, MAIL OR ANY OTHER FORM OF WRITTEN COMMUNICATION; OR

(iv) WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON FOR WHOSE PROTECTION SUCH ORDER WAS ISSUED, REPEATEDLY MAKES TELEPHONE CALLS TO SUCH PERSON, WHETHER OR NOT A CONVERSATION ENSUES, WITH NO PURPOSE OF LEGITIMATE COMMUNICATION; OR
(v) WITH INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON FOR WHOSE PROTECTION SUCH ORDER WAS ISSUED, STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH OTHER PERSON TO PHYSICAL CONTACT OR ATTEMPTS OR THREATENS TO DO THE SAME; OR

(vi) BY PHYSICAL MENACE, INTENTIONALLY PLACES OR ATTEMPTS TO PLACE A PERSON FOR WHOSE PROTECTION SUCH ORDER WAS ISSUED IN REASONABLE FEAR OF DEATH, IMMINENT SERIOUS PHYSICAL INJURY OR PHYSICAL INJURY.

§ 2. The penal law is amended by adding a new section 215.52 to read as follows:

§ 215.52 AGGRAVATED CRIMINAL CONTEMPT.

A PERSON IS GUILTY OF AGGRAVATED CRIMINAL CONTEMPT WHEN IN VIOLATION OF A DULY SERVED ORDER OF PROTECTION, OR SUCH ORDER OF WHICH THE DEFENDANT HAS ACTUAL KNOWLEDGE BECAUSE HE OR SHE WAS PRESENT IN COURT WHEN SUCH ORDER WAS ISSUED, HE OR SHE INTENTIONALLY OR RECKLESSLY CAUSES PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY TO A PERSON FOR WHOSE PROTECTION SUCH ORDER WAS ISSUED.

AGGRAVATED CRIMINAL CONTEMPT IS A CLASS D FELONY.

§ 3. This act shall take effect on September 1, 1996.