PL 215.51 Criminal contempt 1st deg Class E felony Link to CJI2d
§ 215.51 Criminal contempt in the first degree.
  A person is guilty of criminal contempt in the first degree when:
  (a)  he contumaciously and unlawfully refuses to be sworn as a witness
before a grand jury, or, when after  having  been  sworn  as  a  witness
before  a  grand  jury,  he  refuses  to  answer  any  legal  and proper
interrogatory; or
  (b)  in  violation of a duly served order of protection, or such order
of which the defendant has  actual  knowledge  because  he  or  she  was
present in court when such order was issued, he or she:
  (i)  intentionally  places  or  attempts  to  place a person for whose
protection such order was issued 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  by  means of a threat or
threats; or
  (ii)  intentionally  places  or  attempts  to place a person for whose
protection such order was issued in reasonable fear of physical  injury,
serious  physical injury or death by repeatedly following such person or
engaging in a course of conduct or repeatedly  committing  acts  over  a
period of time; or
  (iii)  intentionally  places  or  attempts to place a person for whose
protection such order was issued in reasonable fear of physical  injury,
serious physical injury or death when he or she communicates or causes a
communication  to  be  initiated  with  such  person  by  mechanical  or
electronic  means  or otherwise, anonymously or otherwise, by telephone,
or by telegraph, mail or any other form of written communication; or
  (iv)  with  intent  to  harass,  annoy, threaten or alarm a person for
whose protection such order was issued, repeatedly makes telephone calls
to such person, whether or not a conversation ensues, with no purpose of
legitimate communication; or
  (v) with intent to harass, annoy, threaten or alarm a person for whose
protection such order was issued, strikes, shoves,  kicks  or  otherwise
subjects  such other person to physical contact or attempts or threatens
to do the same; or
  (vi)  by  physical menace, intentionally places or attempts to place a
person for whose protection such order was issued in reasonable fear  of
death, imminent serious physical injury or physical injury.
  (c)  he commits the crime of criminal contempt in the second degree as
defined in subdivision three  of  section  215.50  of  this  article  by
violating  that part of a duly served order of protection, or such order
of which the defendant has actual knowledge because he  was  present  in
court  when  such order was issued, under sections two hundred forty and
two hundred fifty-two of the  domestic  relations  law,  articles  four,
five,  six  and  eight of the family court act and section 530.12 of the
criminal procedure law which requires the  respondent  or  defendant  to
stay  away  from  the  person  or  persons on whose behalf the order was
issued, and where the defendant has been  previously  convicted  of  the
crime of criminal contempt in the second degree by violating an order of
protection as described herein within the preceding five years; or
  (d)  in  violation of a duly served order of protection, or such order
of which the defendant has actual knowledge because he  was  present  in
court when such order was issued, he intentionally or recklessly damages
the property of a person for whose protection such order was  issued  in
an amount exceeding two hundred fifty dollars.
  Criminal contempt in the first degree is a class E felony.
.
Subdivision Elements Lesser included offenses
PL 215.51(a)
  • engages in contumacious... refusal to be sworn... or... to answer
  • as witness before grand jury

LIO

PL 215.51(b)(i)
  • in violation of order of protection
  • duly served or of which has actual knowledge by being in court
  • intentionally places or attempts to place protectee in fear
  • reasonable fear of physical injury, serious physical injury or death
  • by display of weapon or by threat

LIO

PL 215.51(b)(ii)
  • in violation of order of protection
  • duly served or of which has actual knowledge by being in court
  • intentionally places or attempts to place protectee in fear
  • reasonable fear of physical injury, serious physical injury or death
  • by repeatedly following or engaging in course of conduct

LIO

PL 215.51(b)(iii)
  • in violation of order of protection
  • duly served or of which has actual knowledge by being in court
  • intentionally places or attempts to place protectee in fear
  • reasonable fear of physical injury, serious physical injury or death
  • by communicating with protectee

LIO

PL 215.51(b)(iv)
  • in violation of order of protection
  • duly served or of which has actual knowledge by being in court
  • with intent to harass, annoy, threaten or alarm protectee
  • repeatedly makes telephone calls to protectee
  • with no purpose of legitimate communication

LIO

PL 215.51(b)(v)
  • in violation of order of protection
  • duly served or of which has actual knowledge by being in court
  • with intent to harass, annoy, threaten or alarm protectee
  • attempts, threatens... or subjects protectee to physical contact

LIO

PL 215.51(b)(vi)
  • in violation of order of protection
  • duly served or of which has actual knowledge by being in court
  • intentionally places or attempts to place protectee in fear
  • reasonable fear of physical injury, serious physical injury or death
  • by physical menace

LIO

PL 215.51(c)
  • commits PL 215.50(3) by violating stay away provision of O/P
  • prev. conv. same offense w/in 5 years

LIO

PL 215.51(d)
  • in violation of order of protection
  • duly served or of which has actual knowledge by being in court
  • intentionally or recklessly damages property of protectee
  • damage in amount exceeding $250

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by