NYPD Crimes Against Persons Research Study Guide Question Passed.

Harassment 2nd Degree - Violation (P.L. 240.26) - correct answer A person has committed Harassment when, with intent to harass, annoy or alarm another person by: Physical Contact (sub. 1): He or she strikes, shoves, kicks or otherwise subjects any person to physical contact, or attempts or threatens to do the same. Annoying by Following (sub. 2): He or she follows a person in or about a public place. Annoying Conduct Generally (sub. 3): He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy other persons and which serve no legitimate purpose. Note: Regarding Subdivisions (2) and (3) Only: These provisions do not apply to conduct which constitutes picketing or other labor-related activity governed by federal labor statutes. Harassment 1st Degree - Misdemeanor (P.L. 240.25) - correct answer A person has committed Harassment 1st Degree - Misdemeanor when, with intent to harass, annoy, or alarm another person: 1. Repeatedly Annoys by Following - He or she repeatedly follows such person in or about a public place or places; reasonable fear of physical injury. 2. He or she repeatedly engages in a course of conduct or repeatedly commits acts, which place such person in reasonable fear of physical injury. Aggravated Harassment 2nd Degree - Misdemeanor (P.L. 240.30) - correct answer A person has committed Aggravated Harassment 2nd Degree when, with intent to harass, annoy, threaten or alarm another: 1. Mail, Telephone, etc. - He communicates or causes a communication to be produced by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication* in a manner likely to cause annoyance or alarm. 2. Telephone - He makes a telephone call, whether or not a conversation ensures, with no legitimate communication. 3. Physical Contact - He strikes, shoves, kicks or otherwise subjects any 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 such belief or perception is correct. 4. Physical Contact with Family Member - He strikes, shoves, kicks or otherwise subjects another person to physical contact thereby causing physical injury to such person or to a family or household member of such person as defined in section 530.11(Family) of the Criminal Procedure Law. 5. Previous Conviction - He or she commits the crime of Harassment 1st Degree and has been previously convicted of the crime of Harassment 1st Degree within the previous ten years. Aggravated Harassment 1ST Degree - Felony (P.L. 240.31) - correct answer A person has committed Aggravated Harassment 1st Degree - felony 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, religion, religious practice, age, disability, or sexual orientation, regardless of whether such belief or perception is correct, he or she: 1. Damages premises primarily used for religious purposes and the damage to the premises is over $50.00. 2. Commits Aggravated Harassment 2nd Degree - misdemeanor by the physical contact subdivision and either: Has been previously convicted of Aggravated Harassment 2nd Degree - misdemeanor by physical contact at any time in the past; or Has been previously convicted of Aggravated Harassment 1st Degree - felony within the previous ten years. 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; or 4. Sets on fire a cross in public view. 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. Reckless Endangerment - Misdemeanor (P.L. 120.20) - correct answer A person is charged with Reckless Endangerment, misdemeanor, when: "He recklessly engages in conduct, which creates a substantial risk of serious physical injury to another person." A person acts "recklessly" when he is aware of and consciously disregards a substantial and unjustifiable risk. In this case, he disregards a substantial risk of serious physical injury to another person. Reckless Endangerment - Felony (P.L. 120.25) - correct answer Reckless conduct showing "a depraved indifference to human life" and which "creates a grave risk of death to another" constitutes a felony charge of reckless endangerment. Menacing 2nd Degree - Misdemeanor (P.L. 120.14) - correct answer 1. Intentionally places or attempts to place someone in fear of physical injury, serious physical injury, or death by displaying a deadly weapon, a dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. 2. Repeatedly follows a person over a period of time and intentionally places or attempts to place the person in reasonable fear of physical injury, serious physical injury, or death. 3. He or she commits the crime of Menacing in the 3rd 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, or an order of protection was issued by a court of competent jurisdiction in another state which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued. Menacing 3rd Degree - Misdemeanor (P.L. 120.15) - correct answer By physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury. Stalking 4th Degree - Misdemeanor (P.L. 120.45) - correct answer A person has committed Stalking 4th Degree when he or she intentionally and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct: 1. Is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted. 2. Causes material harm to the mental or emotional health of such person by following, telephoning, or initiating communication or contact with such person, a family member of the person, or a third party with whom such person is acquainted and the actor was previously clearly informed to cease that conduct. 3. Is likely to cause such person to reasonably fear that his or her employment, business, or career is threatened, where such conduct consists of appearing, telephoning, or initiating communication or contact at such person's place of employment or business and the actor was previously clearly informed to cease that conduct. Stalking 3rd Degree - Misdemeanor (P.L. 120.50) - correct answer A person has committed Stalking 3rd Degree when he or she: 1. Commits Stalking 4th Degree against three or more persons, in three or more separate transactions, for which the actor has not been previously convicted. 2. Commits Stalking 4th Degree and has been previously convicted within the last ten years of a "specified predicate crime" and the victim of such predicate crime is the victim or an immediate family member of the victim. Note: "Specified Predicate Crime" is defined under Section 120.40, Definitions, of the New York State Penal Law. 3. With intent to harass, annoy, or alarm another specific person, a person intentionally engages in a course of conduct which is likely to cause the person to reasonably fear physical injury or serious physical injury, or the commission of a sex offense, or the kidnapping, unlawful imprisonment, or the death of such person or an immediate member of such person's family. 4. Commits Stalking 4th Degree and has been previously convicted of Stalking in the 4th Degree in the last ten years. Stalking 2nd Degree - Felony (P.L. 120.55) - correct answer A person has committed Stalking 2nd Degree when he or she: 1. Commits the crime of Stalking 3rd Degree and in the course of and in furtherance of the commission of such offense: (i) Displays, possesses, and threatens the use of a firearm, pistol, revolver, rifle, shotgun, machine gun, electronic dart gun, electronic stun gun, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chukka stick, sand bag, sandclub, slingshot, slungshot, shirken, "Kung Fu Star", dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly weapon or; (ii) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm. 2. Commits Stalking 3rd Degree against any person and has been previously convicted within the last five years, of a "specified predicate crime" and the victim of such specified crime is the victim or an immediate family member of the victim. 3. Commits Stalking 4th Degree and has a previous conviction of Stalking 3rd Degree against any person. 4. A person 21 years old or older repeatedly follows another person who is under 14-years-old or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place that person in reasonable fear of physical injury, serious physical injury, or death. 5. Commits Stalking 3rd Degree against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted. Stalking 1st Degree - Felony (P.L. 120.60) - correct answer A person has committed Stalking 1st Degree when he or she: 1. Intentionally or recklessly causes physical injury to the victim of such crime; or 2. Commits a class A misdemeanor as defined in article 130, Sex Offenses, or a class E felony as defined in P.L. 130.25, (Rape 3rd Degree), P.L. 130.40 (Criminal Sex Act 3rd Degree), or P.L. 130.85 (Female Genital Mutilation) or a class D felony as defined in P.L. 130.30 (Rape 2nd Degree) or 130.45 (Criminal Sex Act 2nd Degree). Assault 3rd Degree - Misdemeanor (P.L. 120.00) - correct answer The lowest classification of Assault is Assault 3rd Degree - misdemeanor. The Penal Law outlines three (3) ways to commit Assault 3rd Degree - misdemeanor. As a practical matter, there are three additional ways to commit this crime, which are not written into the statute but are classified as Assault 3rd Degree - misdemeanor nonetheless. The three (3) statutory ways to commit Assault 3rd Degree - misdemeanor are: 1. With intent to cause physical injury to another person, he or she causes such injury to such person or to a third person. 2. A person recklessly causes physical injury to another person. 3. With criminal negligence, a person causes physical injury to another person by means of a deadly weapon or a dangerous instrument. There are three more instances in which conduct can be classified as Assault 3rd Degree - misdemeanor: 1. A person recklessly causes serious physical injury to another person. The language in P.L. 120.00 subdivision (2) mentions a physical injury. A serious physical injury would, of course, satisfy this requirement. Therefore, a person who recklessly causes a serious physical injury to another without the use of a dangerous instrument or deadly weapon should be charged with Assault 3rd Degree - misdemeanor. 2. A person recklessly causes physical injury to another person with a dangerous instrument or deadly weapon. Again, the statute does not specifically address this situation. When reckless conduct causes a physical injury by means of a dangerous instrument or a deadly weapon the most appropriate charge is Assault 3rd Degree - misdemeanor. 3. With criminal negligence, a person causes serious physical injury to another person by means of a deadly weapon or dangerous instrument. Assault 2nd Degree - Felony (P.L. 120.05) FIRST SIX - correct answer Assault 2nd Degree - felony can be committed in any one of twelve (12) ways: