New York statute
N.Y. Penal Law § 240.33 — Aggravated harassment of a judge
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 240: Offenses Against Public Order, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 240.33
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
240.33 Aggravated harassment of a judge.
A person is guilty of aggravated harassment of a judge when:
1. With intent to harass another person, the actor either:
(a) communicates, anonymously or otherwise, by telephone, by computer
or any other electronic means, or by mail, or by transmitting or
delivering any other form of communication, a threat to cause physical
harm to, or unlawful harm to the property of, a person the actor knows
or reasonably should know is a judge, or a member of such judge's
immediate family, and the actor knows or reasonably should know that
such communication will cause such judge to reasonably fear harm to such
judge's physical safety or property, or to the physical safety or
property of a member of such judge's immediate family; or
(b) causes a communication to be initiated anonymously or otherwise,
by telephone, by computer or any other electronic means, or by mail, or
by transmitting or delivering any other form of communication, a threat
to cause physical harm to, or unlawful harm to the property of, a person
the actor knows or reasonably should know is a judge, or a member of
such judge's immediate family, and the actor knows or reasonably should
know that such communication will cause such judge to reasonably fear
harm to such person's physical safety or property, or to the physical
safety or property of a member of such judge's immediate family; or
2. With intent to harass or threaten a person the actor knows or
reasonably should know is a judge or a member of such judge's immediate
family, the actor makes a telephone call, whether or not a conversation
ensues, with no purpose of legitimate communication; or
3. With the intent to harass, annoy, threaten or alarm a person the
actor knows or reasonably should know is a judge or a member of such
judge's immediate family, the actor strikes, shoves, kicks, or otherwise
subjects another person to physical contact, or attempts or threatens to
do the same because of a belief or perception regarding such person's
race, color, national origin, ancestry, gender, gender identity or
expression, religion, religious practice, age, disability or sexual
orientation, regardless of whether the belief or perception is correct;
or
4. With the intent to harass, annoy, threaten or alarm a person the
actor knows or reasonably should know is a judge or a member of such
judge's immediate family, the actor strikes, shoves, kicks or otherwise
subjects another person to physical contact thereby causing physical
injury to such person or to an immediate family member of such person;
or
5. The actor commits the crime of harassment in the first degree
against a person the actor knows or reasonably should know is a judge or
a member of such judge's immediate family and has previously been
convicted of the crime of harassment in the first degree as defined by
section 240.25 of this article within the preceding ten years.
For purposes of this section: "judge" shall mean a judge of a court of
record or a justice court; and "immediate family" shall have the same
meaning as defined in section 120.40 of this chapter.
Aggravated harassment of a judge is a class E felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is aggravated harassment of a judge in New York?
Aggravated harassment of a judge is a Class E Felony in New York under N.Y. Penal Law § 240.33.
Which New York statute covers aggravated harassment of a judge?
Aggravated harassment of a judge is governed by N.Y. Penal Law § 240.33 (Aggravated harassment of a judge).
This reference is informational and is not legal advice.