NY Court Struck Down Aggravated Harassment

As of May 2014, the New York Court of Appeals struck down Aggravated Harassment in the Second Degree (PL §240.30(1)) as unconstitutional.

The Statute

Penal Law §240.30(1)(a) provides that "a person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she ... communicates with a person, anonymously or otherwise, by telephone, telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm."

People v. Golb (2014)

In People v. Golb (2014), the Court of Appeals agreed with the defendant that his conviction of three counts of aggravated harassment related to his conduct toward Schiffman, Goranson, and Cargill must be vacated. The Court found the statute unconstitutionally overbroad, as the language criminalizing communications made "in a manner likely to cause annoyance or alarm" could encompass constitutionally protected speech.

Impact

This decision has significant implications for anyone who has been charged with or convicted under this statute. If you have a prior conviction under PL §240.30(1), it may be possible to seek relief based on this ruling.

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