PL 240.26: Harassment in the Second Degree in New York

PL 240.26 is a violation, not a crime — which makes it both the lowest-level charge in the Penal Law and the most common landing spot when a misdemeanor gets negotiated down. Over 500 harassment cases a year run through Nassau and Suffolk County District Court, the large majority of them in Suffolk. If you have been charged, call Hochhauser Criminal & DWI Defense at 516-939-1529.

PL 240.26 penalties

The distinction matters more than the numbers do. A violation is not a crime in New York, so a PL 240.26 conviction is not a criminal conviction and does not answer “yes” to the question most job applications ask. Probation is not even available for a violation — the realistic outcomes are a conditional discharge, a fine, an adjournment in contemplation of dismissal, or time served.

What PL 240.26 requires

Under PL 240.26(1), the People must prove that with intent to harass, annoy or alarm another person, you struck, shoved, kicked or otherwise subjected them to physical contact — or attempted or threatened to do so. There is no injury element and no requirement of pain. A grab of the wrist qualifies. So does a threat to hit that never lands.

Because the bar is that low, the fight is almost always about intent. Contact incidental to a struggle over a phone, a door, or car keys is not contact intended to harass. Neither is separating people in a fight, or pulling away from someone.

Aggravated harassment and why the statute was rewritten

PL 240.30 is the misdemeanor cousin, and it has a history worth understanding. In 2014 the New York Court of Appeals struck down the old version of PL 240.30(1) as both unconstitutionally vague and overbroad, because it criminalized communication made “in a manner likely to cause annoyance or alarm” — language that swept in protected speech. The Legislature rewrote the subdivision months later.

The current version is considerably narrower. It requires intent to harass, a communication containing an actual threat of physical harm or unlawful harm to property, and that you knew or reasonably should have known the communication would cause reasonable fear of that harm. Annoying, insulting or angry messages are not enough. There has to be a threat.

There is also a live argument available on the mens rea. In 2023 the United States Supreme Court held that true-threats prosecutions require some subjective understanding by the defendant of the threatening nature of the statement — at least recklessness — and rejected a purely objective standard. New York’s “reasonably should know” language is an objective standard on its face. No New York appellate court has yet applied that holding to PL 240.30(1)(a), so this is an argument to make rather than settled law, but it is a real one.

Defenses to a PL 240.26 charge

• Intent. The contact happened, but not to harass, annoy or alarm. This carries most defensible cases.
• Justification. Defense of yourself, another person, or property.
• Facial insufficiency. The accusatory instrument must allege non-hearsay facts establishing every element. Conclusory pleadings that just track the statute are routinely dismissible.
• Protected speech. An angry statement without a true threat is not aggravated harassment, and the Court of Appeals has said so.
• Cross-complaint dynamics. In a mutual dispute, the complainant is frequently just whoever called first.

Harassment as a family offense

Both PL 240.26 and PL 240.30 are family offenses when the parties are married, formerly married, related, share a household, have a child in common, or are in an intimate relationship — a category that does not require living together and routinely covers dating relationships. That means Family Court and criminal court have concurrent jurisdiction, and a complainant can pursue both at once. See domestic violence charges.

Where harassment cases are heard

These charges are filed overwhelmingly more often in Suffolk than in Nassau, which reflects charging practice rather than behavior. We handle them in Nassau County and Suffolk County.

PL 240.26 frequently asked questions

Is harassment a crime in New York?

Harassment in the second degree is a violation, not a crime. Aggravated harassment in the second degree is a Class A misdemeanor, and that one is a crime.

Will it show up on a background check?

A violation is not a criminal conviction, and the record of it is sealed. That is precisely why it is the target disposition in so many misdemeanor cases.

Can I be charged for text messages?

Under PL 240.26(1), no — that subdivision requires physical contact or a threat of it. Threatening messages are charged under PL 240.30, and only where the message contains an actual threat of physical or property harm.

The other person contacted me first. Does that help?

It goes directly to intent and it matters to how a prosecutor sees the case. If there is an order of protection in place, though, contact can be charged as criminal contempt regardless of who reached out.

Speak with a Long Island harassment defense lawyer

Richard Hochhauser handles these cases in Nassau and Suffolk County constantly, both as charged and as the reduction target from a misdemeanor. Small as the maximum penalty is, the order of protection that comes with it can reshape your living arrangements overnight.

This page provides general information about PL 240.26 harassment in New York and is not legal advice. Every case turns on its own facts. Contacting our firm does not create an attorney-client relationship.