PL 120.14 Menacing in the 2nd degree Class A misdemeanor Link to CJI2d
§ 120.14 Menacing in the second degree.
   A person is guilty of menacing in the second degree when:
   1. He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or  death
by  displaying  a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
   2.  He  or  she repeatedly follows a person or engages in a course of
conduct or repeatedly commits acts over a period of  time  intentionally
placing  or  attempting  to  place  another person in reasonable fear of
physical injury, serious physical injury or death; or
   3.  He  or  she  commits the crime of menacing in the third degree in
violation of that part of a duly served order  of  protection,  or  such
order  which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to  article  eight
of  the family court act or section 530.12 of the criminal procedure law
which directed the respondent or defendant to stay away from the  person
or persons on whose behalf the order was issued.
   Menacing in the second degree is a class A misdemeanor.
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Subdivision Elements Lesser included offenses
PL 120.14(1)
  • intentionally causes or attempts to cause fear
  • fear of physical injury, serious physical injury or death
  • displays deadly weapon, dangerous instrument or apparent firearm

LIO

PL 120.14(2)
  • repeatedly follows person or commits acts
  • intentionally causes or attempts to cause fear
  • fear of physical injury, serious physical injury or death

LIO

PL 120.14(3)
  • physical menace
  • intentionally causes fear
  • fear of death, imminent serious physical injury or physical injury
  • violation of order of protection

LIO

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