Legislation

Search OpenLegislation Statutes
This entry was published on 2021-08-13
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 240.32
Aggravated harassment of an employee by an incarcerated individual
Penal (PEN) CHAPTER 40, PART 3, TITLE N, ARTICLE 240
§ 240.32 Aggravated harassment of an employee by an incarcerated

individual.

An incarcerated individual or respondent is guilty of aggravated
harassment of an employee by an incarcerated individual when, with
intent to harass, annoy, threaten or alarm a person in a facility whom
he or she knows or reasonably should know to be an employee of such
facility or the board of parole or the office of mental health, or a
probation department, bureau or unit or a police officer, he or she
causes or attempts to cause such employee to come into contact with
blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by
throwing, tossing or expelling such fluid or material.

For purposes of this section, "incarcerated individual" means an
incarcerated individual or detainee in a correctional facility, local
correctional facility or a hospital, as such term is defined in
subdivision two of section four hundred of the correction law. For
purposes of this section, "respondent" means a juvenile in a secure
facility operated and maintained by the office of children and family
services who is placed with or committed to the office of children and
family services. For purposes of this section, "facility" means a
correctional facility or local correctional facility, hospital, as such
term is defined in subdivision two of section four hundred of the
correction law, or a secure facility operated and maintained by the
office of children and family services.

Aggravated harassment of an employee by an incarcerated individual is
a class E felony.