State Senator Hugh T. Farley (R, C, I – Schenectady) announced thhe New York State Senate passed legislation (S7734A) that would clarify a state law related to the crime of Aggravated Harassment in the Second Degree, that was declared unconstitutional by the state Court of Appeals last year.
The bill addresses concerns cited by the Court and restores Aggravated Harassment in the Second Degree, which was a charge used thousands of times in cases of domestic violence. The Court ruled the law was vague and too broad.
This bill approved by the Senate will criminalize harassing communications that threaten to cause physical harm to a victim or the victim’s property where a defendant knows or should know that the communication will cause the victim to fear such harm.
There are approximately 7,600 open matters statewide where this law is the most serious charge. In addition, violation of this law is often cited for issuing an order of protection by a court to protect domestic violence victims.
The bill was sent to the Assembly.