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NY State Aggravated Harassment Law

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jasonlee

Junior Member
New York:

Recently the Aggravated Harassment law was found unconstitutional. My question is, when a law is found unconstitutional, is that particular law omitted or is there a clause that is added?
 


quincy

Senior Member
New York:

Recently the Aggravated Harassment law was found unconstitutional. My question is, when a law is found unconstitutional, is that particular law omitted or is there a clause that is added?
It depends on what the legislature decides to do. They could amend it. They could repeal it. They could do nothing and it could just be a law that is not enforced. It depends.

Is there a specific legal concern with your question?
 

jasonlee

Junior Member
It depends on what the legislature decides to do. They could amend it. They could repeal it. They could do nothing and it could just be a law that is not enforced. It depends.

Is there a specific legal concern with your question?
Yes. New York apparently struck down the Aggravated Harassment law. My question is, does that pertain to just SMS and social networking or does it include phone calls as well? Are there exemptions to which one could be charged with second degree aggravated harassment?
 

quincy

Senior Member
Yes. New York apparently struck down the Aggravated Harassment law. My question is, does that pertain to just SMS and social networking or does it include phone calls as well? Are there exemptions to which one could be charged with second degree aggravated harassment?
The law was found unconstitutionally vague and too broad by New York's Court of Appeals.* The legislature moved to "clarify" the law by rewording it.

Someone can still be charged with aggravated harassment.

For a recent case where the constitutionality of the aggravated harassment in the second degree offense was addressed, here is a link to People v Golb: http://law.justia.com/cases/new-york/court-of-appeals/2014/72-0.html

For the amended law, which was effective as of July 23, 2014, scroll to the bottom for Article 240, Section 240.30: http://www.womenslaw.org/statutes_detail.php?statute_id=2128#statute-top

The same language that was used in Section 240.30 that was found unconstitutional had been found unconstitutionally vague and overbroad in other laws in New York in the past, too, and those laws were subsequently amended.


*for those outside New York, the Court of Appeals is New York's highest court, whereas in most other states the highest court will be the Supreme Court.
 
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