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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.
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| Subdivision | Elements | Lesser included offenses |
| PL 215.51(a) |
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engages in contumacious... refusal to be sworn... or... to answer
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as witness before grand jury
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LIO
|
| PL 215.51(b)(i) |
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in violation of order of protection
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duly served or of which has actual knowledge by being in court
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intentionally places or attempts to place protectee in fear
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reasonable fear of physical injury, serious physical injury or death
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by display of weapon or by threat
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LIO
|
| PL 215.51(b)(ii) |
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in violation of order of protection
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duly served or of which has actual knowledge by being in court
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intentionally places or attempts to place protectee in fear
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reasonable fear of physical injury, serious physical injury or death
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by repeatedly following or engaging in course of conduct
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LIO
|
| PL 215.51(b)(iii) |
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in violation of order of protection
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duly served or of which has actual knowledge by being in court
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intentionally places or attempts to place protectee in fear
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reasonable fear of physical injury, serious physical injury or death
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by communicating with protectee
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LIO
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| PL 215.51(b)(iv) |
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in violation of order of protection
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duly served or of which has actual knowledge by being in court
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with intent to harass, annoy, threaten or alarm protectee
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repeatedly makes telephone calls to protectee
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with no purpose of legitimate communication
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LIO
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| PL 215.51(b)(v) |
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in violation of order of protection
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duly served or of which has actual knowledge by being in court
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with intent to harass, annoy, threaten or alarm protectee
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attempts, threatens... or subjects protectee to physical contact
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LIO
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| PL 215.51(b)(vi) |
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in violation of order of protection
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duly served or of which has actual knowledge by being in court
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intentionally places or attempts to place protectee in fear
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reasonable fear of physical injury, serious physical injury or death
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by physical menace
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LIO
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| PL 215.51(c) |
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commits PL 215.50(3) by violating stay away provision of O/P
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prev. conv. same offense w/in 5 years
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LIO
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| PL 215.51(d) |
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in violation of order of protection
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duly served or of which has actual knowledge by being in court
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intentionally or recklessly damages property of protectee
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damage in amount exceeding $250
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LIO
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