New York Harassment Laws: What You Need To Know
A plain-language guide to New York’s criminal and civil harassment rules, penalties, and workplace protections.
New York law addresses harassment both as a crime under the Penal Law and as a form of unlawful discrimination under state and federal civil rights statutes. Understanding the difference between these systems is essential whether you are a victim, an accused person, an employer, or an employee.
This guide explains how New York defines harassment in different contexts, outlines potential charges and penalties, and summarizes key protections against harassment in the workplace and other settings.
1. Criminal vs. Civil Harassment in New York
Harassment in New York can arise in two main legal frameworks:
- Criminal law — Harassment and aggravated harassment are prosecuted under Article 240 of the New York Penal Law as offenses against public order.
- Civil rights law — Harassing conduct linked to a protected characteristic (such as race, sex, or religion) may qualify as unlawful discrimination under the New York State Human Rights Law and federal law.
These paths can operate independently. A person may face criminal charges, civil liability, both, or neither, depending on the facts and the laws invoked.
2. Criminal Harassment Offenses Under New York Law
New York’s Penal Law groups harassment offenses with other public order crimes such as disorderly conduct and stalking. The severity of the charge depends on the nature of the behavior, the intent of the accused, and in some cases the method of communication or bias motivation.
2.1 Harassment in the Second Degree (NY Penal Law § 240.26)
Harassment in the second degree is the lowest-level criminal harassment offense. It is classified as a violation, not a misdemeanor, but a conviction can still result in a criminal record and possible jail time.
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Under NY Penal Law § 240.26, a person can be guilty of this offense if, with intent to harass, annoy, or alarm another person, they engage in specific types of conduct.
Common examples of conduct that may fall into this category include:
- Striking, shoving, kicking, or otherwise subjecting someone to physical contact, or attempting or threatening to do so.
- Following someone in a public place with the intent to harass.
- Engaging in a course of conduct or repeated acts that seriously annoy or alarm another person and serve no legitimate purpose.
Although this offense is a violation rather than a misdemeanor, a conviction can carry up to 15 days in jail, along with fines and other conditions, and may have lasting collateral consequences.
2.2 Harassment in the First Degree (NY Penal Law § 240.25)
Harassment in the first degree is a more serious charge and is classified as a Class B misdemeanor.
To convict someone of harassment in the first degree, a prosecutor must prove that the defendant:
- Repeatedly engaged in a course of conduct that harassed another person and reasonably caused that person to fear physical injury, and
- Acted with the intent to harass that person.
The alleged victim does not need to be physically injured; the law focuses on fear of bodily harm and the intentional nature of the conduct.
Penalties for a Class B misdemeanor can include up to 90 days in jail and fines of up to $500, along with probation, orders of protection, or mandated counseling.
2.3 Aggravated Harassment (NY Penal Law § 240.30 and § 240.31)
New York also recognizes aggravated harassment, a set of more serious offenses that often involves threats, repeated communications, or bias-related motives.
2.3.1 Aggravated Harassment in the Second Degree (NY Penal Law § 240.30)
Aggravated harassment in the second degree is generally a Class A misdemeanor and covers a range of conduct performed with the intent to harass or threaten another person.
Under § 240.30, a person may be guilty if, with intent to harass another, they:
- Communicate by phone, electronic means, mail, or other written form in a way that causes reasonable fear of harm or seriously annoys or alarms the recipient.
- Make threats of physical harm to a person, their family, or their property.
- Strike, shove, kick, or subject another person to physical contact because of a protected characteristic, or threaten to do so.
As a Class A misdemeanor, penalties can include up to one year in jail and a fine up to $1,000.
2.3.2 Aggravated Harassment in the First Degree (NY Penal Law § 240.31)
Aggravated harassment in the first degree is a Class E felony and usually involves more serious bias-motivated conduct, such as damaging religious premises or repeatedly committing acts of aggravated harassment in the second degree.
Penalties for a Class E felony can range from probation to one to four years in prison, depending on the circumstances and the defendant’s criminal history.
2.4 Comparison of Key Criminal Harassment Offenses
| Offense | Statute | Classification | Typical Maximum Jail | Typical Maximum Fine |
|---|---|---|---|---|
| Harassment in the Second Degree | NY Penal Law § 240.26 | Violation | Up to 15 days | Generally up to $250 (court-dependent) |
| Harassment in the First Degree | NY Penal Law § 240.25 | Class B misdemeanor | Up to 90 days | Up to $500 |
| Aggravated Harassment in the Second Degree | NY Penal Law § 240.30 | Class A misdemeanor | Up to 1 year | Up to $1,000 |
| Aggravated Harassment in the First Degree | NY Penal Law § 240.31 | Class E felony | 1 to 4 years | Higher felony-level fines |
3. Harassment, Discrimination, and the New York State Human Rights Law
Separate from the Penal Law, New York’s Human Rights Law treats harassment as a form of unlawful discrimination when it is connected to certain protected characteristics.
3.1 Protected Classes Under State Law
The New York State Human Rights Law prohibits harassment and discrimination in employment and other settings based on various protected classes, including:
- Age
- Color, race, or national origin
- Sex, sexual orientation, gender identity or expression
- Religion or creed
- Disability
- Familial status (such as pregnancy or having children)
- Marital status
- Military status
- Domestic violence victim status
- Arrest or conviction record, citizenship or immigration status
- Predisposing genetic characteristics
Harassment that targets a person because of one of these traits can give rise to a civil claim, even if no criminal charge is filed.
3.2 Workplace Harassment and Sexual Harassment
In the workplace, harassment that is based on a protected characteristic—such as gender, race, or sexual orientation—is generally treated as a form of employment discrimination.
Sexual harassment, for example, is illegal under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. It can include behaviors such as:
- Unwanted sexual comments, jokes, or propositions.
- Sending sexually explicit messages, images, or emails.
- Unwelcome touching or groping.
- Quid pro quo demands, such as conditioning job benefits on sexual favors.
- Displaying pornographic or sexually explicit materials in the workplace.
The New York Attorney General notes that harassment may also consist of comments about gender or sexual orientation, sexual gestures, or other conduct that creates a hostile work environment.
3.3 Modern Standard for Workplace Harassment in New York
In recent years, New York has broadened workplace harassment protections. Amendments to state law removed the prior requirement that harassment in employment be “severe or pervasive” to be unlawful, instead focusing on whether the conduct subjects a worker to inferior terms or conditions because of a protected characteristic.
This means employees can bring claims for a wider range of behaviors that would previously have been dismissed as not serious enough to meet the old standard.
4. Employer Obligations and Preventive Measures
State law and agency guidance place significant responsibilities on employers to prevent and respond to harassment in the workplace.
4.1 Anti-Harassment Policies and Training
New York requires employers to adopt written sexual harassment prevention policies and provide regular training. Among other things, employers generally must:
- Distribute a written policy describing prohibited conduct and internal complaint procedures.
- Provide annual sexual harassment prevention training to employees.
- Offer policy notices at hiring and at each annual training.
- Ensure information is accessible in the employee’s primary language when required.
These measures are designed to reduce harassment, encourage internal reporting, and support early intervention.
4.2 Liability Standards for Employers
Under New York’s modern standard, employers can be held liable for harassment by supervisors, co-workers, and in some cases even non-employees (such as customers) if they fail to take appropriate action. New York has limited traditional defenses that allowed employers to avoid liability when employees did not use internal reporting procedures.
5. Related Public Order Offenses
Harassing conduct may overlap with other public order offenses in Article 240 of the Penal Law.
- Disorderly conduct (NY Penal Law § 240.20) — Covers behavior that causes public inconvenience, annoyance, or alarm, or creates a risk of such effects, such as fighting or unreasonable noise in public places.
- Stalking offenses — Separate statutes (e.g., stalking in the second, third, or fourth degree) address repeated following or monitoring of another person that causes fear or emotional harm, often charged along with harassment when patterns of behavior escalate.
Prosecutors may combine these charges depending on the conduct and the harm alleged.
6. Defenses and Legal Considerations in Criminal Harassment Cases
Anyone accused of harassment has the right to defend against the charges. Common defense themes in harassment prosecutions include:
- Lack of intent — The defendant did not intend to harass, annoy, or alarm, which is usually an element the prosecution must prove.
- Reasonableness of fear — In first-degree harassment, the alleged victim’s fear of physical injury must be reasonable; disputing that reasonableness can be a key defense.
- Single incident vs. course of conduct — Some offenses require repeated conduct; a single interaction may not meet statutory requirements, depending on the charge.
- False or exaggerated allegations — The defense may challenge credibility or present evidence that events did not occur as described.
- First Amendment issues — In some cases involving speech, there may be arguments about protected expression versus true threats or targeted harassment.
Because harassment laws can be nuanced and fact-specific, individuals facing charges or contemplating charges should seek qualified legal counsel to understand their options.
7. Steps Victims Can Take in New York
People experiencing harassment in New York have several potential avenues for protection and relief.
7.1 In Criminal Matters
- Contact local law enforcement to report threats, stalking, physical contact, or other criminal conduct.
- Seek an order of protection through the criminal court process or, in some cases, family court.
- Document incidents with dates, times, locations, and witnesses to support any future investigation or prosecution.
7.2 In Workplace and Civil Rights Matters
- Report harassment internally, following employer policies when safe to do so.
- File a complaint with the New York State Division of Human Rights or, in New York City, with the City Commission on Human Rights for discriminatory harassment.
- Consider consulting an employment or civil rights attorney about potential civil claims under state or federal law.
8. Frequently Asked Questions About New York Harassment Laws
Q1: Is every rude or annoying behavior considered criminal harassment in New York?
No. For criminal harassment, New York Penal Law generally requires proof that the accused acted with intent to harass, annoy, or alarm, and that their actions met specific statutory criteria, such as repeated conduct causing fear or physical contact. Mere rudeness or isolated arguments usually do not qualify on their own.
Q2: Can online messages or social media posts lead to aggravated harassment charges?
Yes. Aggravated harassment in the second degree can involve communications made by phone, electronic means, or writing when they are intended to harass and contain threats or cause substantial fear or annoyance. Repeated threatening or menacing messages online may be charged under this statute.
Q3: How is workplace harassment different from criminal harassment?
Workplace harassment under the New York State Human Rights Law focuses on discriminatory conduct linked to protected characteristics, like sex, race, or religion, and may lead to civil remedies such as damages or policy changes. Criminal harassment, by contrast, is prosecuted by the state and can result in fines, probation, or jail time, regardless of any protected class.
Q4: Does New York still require harassment to be “severe or pervasive” in the workplace?
No. Recent changes to New York law removed the traditional “severe or pervasive” requirement for employment harassment claims. Instead, the focus is on whether the conduct subjects an employee to inferior terms, conditions, or privileges of employment based on a protected characteristic.
Q5: What should I do if my employer ignores my harassment complaint?
If internal complaints do not resolve the issue, you may file a charge with the New York State Division of Human Rights or, if applicable, a local agency such as the NYC Commission on Human Rights, and consider speaking with an attorney experienced in employment law.
References
- Workplace discrimination and harassment — New York State Office of the Attorney General. 2023-05-01. https://ag.ny.gov/publications/workplace-discrimination-and-harassment
- New York Penal Law § 240.25 – Harassment in the First Degree — New York Penal Law summary, Tilem & Associates. 2022-06-10. https://www.tilemlawfirm.com/new-york-crimes-by-penal-code/new-york-penal-law-240-25-harassment-in-the-first-degree/
- What Counts as Harassment in New York? — The Law Offices of David M. Chesley (NY/NJ DWI Lawyer). 2022-09-15. https://www.dwilawyer-ny-nj.com/blog/what-constitutes-a-harassment-charge-in-new-york-state/
- Harassment in the Second Degree: New York Penal Law 240.26 — New York Desk Appearance Ticket. 2021-11-02. https://www.nydeskappearanceticket.com/practice-area/assault-crimes/harassment-in-the-second-degree-new-york-penal-law-240-26/
- Article 240 | Penal Law | Offenses Against Public Order — New York State Senate. 2024-01-01. https://www.nysenate.gov/legislation/laws/PEN/A240
- § 240.30 Aggravated Harassment in the Second Degree — New York State Senate. 2024-01-01. https://www.nysenate.gov/legislation/laws/PEN/240.30
- The Law: New York City Human Rights Law — NYC Commission on Human Rights. 2023-04-20. https://www.nyc.gov/site/cchr/law/the-law.page
- New York Expands Harassment Laws — Jackson Lewis P.C. 2019-07-15. https://www.jacksonlewis.com/insights/new-york-expands-harassment-laws
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