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To: Olog-hai

New York’s definition of harassment is not the same as the common definition:

S 240.26 Harassment in the second degree.
A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
Subdivisions two and three of this section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
Harassment in the second degree is a violation.

Assault is defined as follows (lowest level):

S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
1. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person; or
2. He recklessly causes physical injury to another person; or
3. With criminal negligence, he causes physical injury to another
person by means of a deadly weapon or a dangerous instrument.
Assault in the third degree is a class A misdemeanor.

“Physical injury” means impairment of physical condition or
substantial pain.

In other words, absent breaking anything, or impairing a physical condition, or “substantial” pain (defined through a million court cases), by definition a punch is “harassment.” That doesn’t mean it’s not against the law, it’s just that that is what it’s called in New York.

Because of the nature of the offense, the legislature is constantly reviewing these definitions, and gang attacks, for example, of the same nature raise the degree of crime and punishment substantially. Steal anything in the process and it’s Robbery. It’s all degrees.


56 posted on 01/09/2014 5:13:02 AM PST by Cincinnatus
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To: Cincinnatus

Certainly shows how lawless NY State is at the state government level, when they use such sophistry to give all the advantage to a criminal. The definition of a failed state.


62 posted on 01/09/2014 7:23:58 AM PST by Olog-hai
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To: Cincinnatus
I had a look at this page as well, and it turns out that a “violation” (NYS defines “harassment” in this way) means you do not get a criminal record, although you could serve up to fifteen days in jail. Third-degree assault, a “class A misdemeanor”, means a criminal record and up to a year in jail. Sure proves Ecclesiastes 8:11 right once more:
Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil.

64 posted on 01/09/2014 7:43:30 AM PST by Olog-hai
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