RottenApple wrote:EEllis wrote:gthaustex wrote:Seems like the way it is worded, it is far too vague and ripe for abuse....
Only because you haven't seen the whole thing which reads much different and wouldn't be a big issue.
Here is the proposed new law
Section 1. The penal law is amended by adding a new section 240.33 to read as follows:
S 240.33 AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER.
A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN, WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER OR PEACE OFFICER ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES
, HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT.
AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER IS A CLASS E FELONY.
http://newyork.onpolitix.com/news/2" onclick="window.open(this.href);return false; 46747/bill-would-make-annoying-a-cop-a-crime
Sorry, but that comma right there separates the "harass, annoy, threaten, or alarm" from "strikes, shoves, kicks, or...." In this statement. It is not descriptive of what harass, annoy, etc means. This bill is, as stated, exceptionally vague. They need to include definitions of what "harass, annoy, threaten, or alarm" mean.
The text of the law is not nearly as bad as the headlines. All that it does is makes it a felony to do to an on duty police officer what is an A misdemeanor to do to any person.
Up until this time, shoving, pushing, or kicking a police officer was only a misdemeanor unless a documented injury resulted, at which time it became an assault. Here is the text of the relevant harassment statutes with the multiple other ways of committing the offense (e.g. making harassing telephone calls) omitted for clarity. You can find the full text
here.
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. (note: the equivalent of a speeding ticket in TX)
S 240.30 Aggravated harassment in the second degree.
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:.......
3. 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, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct;
Aggravated harassment in the second degree is a Class A Misdemeanor.
Incidentally, causing jail officials to come in contact with bodily fluids or excrement is also a felony in NY.
This is simply an attempt to intimidate the citizenry. I do doubt that an attempt to prosecute an "annoying" photographer who was otherwise not impeding the officers in the performance of their duty would gain much traction, in spite of this travesty's passage.
