PL 240.32 Agg.harassment employee by inmate

	PL 240.32 Agg.harassment employee by inmate	Class E felony	Link to CJI2d
Two separate bills amending this statute appear to have been enacted: L.2000 ch.422, effective 11/1/00, amends section 240.32 of the Penal Law to constitute employees of a probation department as employees for purposes of the Class E felony offense of Aggravated Harassment of an Employee by an Inmate. § 240.32 Aggravated harassment of an employee by an inmate. An inmate or respondent is guilty of aggravated harassment of an employee by an inmate when, with intent to harass, annoy, threaten or alarm a person in a facility whom he knows or reasonably should know to be an employee of such facility or [of] the division of parole or the office of mental health, or a probation department, bureau or unit, he causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine or feces, by throwing, tossing or expelling such fluid or material. For purposes of this section, "inmate" means an inmate in a correc- tional facility, local correctional facility or a hospital, as such term is defined in subdivision two of section four hundred of the correction law. For purposes of this section, "respondent" means a juvenile in a secure facility operated and maintained by the [division for youth] office of children and family services who is placed with or committed to the [division for youth] office of children and family services. For purposes of this section, "facility" means a correctional facility or local correctional facility, hospital, as such term is defined in subdi- vision two of section four hundred of the correction law, or a secure facility operated and maintained by the [division for youth] office of children and family services. Aggravated harassment of an employee by an inmate is a class E felony. Separately enacted, L.2000 ch.441, effective 11/1/00, amends section 240.32 of the Penal Law to constitute police officers as employees for purposes of the Class E felony offense of Aggravated Harassment of an Employee by an Inmate. § 240.32 Aggravated harassment of an employee by an inmate. An inmate or respondent is guilty of aggravated harassment of an employee by an inmate when, with intent to harass, annoy, threaten or alarm a person in a facility whom he knows or reasonably should know to be an employee of such facility or of the division of parole or office of mental health or a police officer, he causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine or feces, by throwing, tossing or expelling such fluid or material. For purposes of this section, "inmate" means an inmate or detainee in a correctional facility, local correctional facility or a hospital, as such term is defined in subdivision two of section four hundred of the correction law. For purposes of this section, "respondent" means a juve- nile in a secure facility operated and maintained by the [division for youth] office of children and family services who is placed with or committed to the [division for youth] office of children and family services. For purposes of this section, "facility" means a correctional facility or local correctional facility, hospital, as such term is defined in subdivision two of section four hundred of the correction law, or a secure facility operated and maintained by the [division for youth] office of children and family services. Aggravated harassment of an employee by an inmate is a class E felony. .
Subdivision	Elements	Lesser included offenses
PL 240.32	inmate or respondent with intent to harass, annoy, threaten or alarm person known or reasonably should be known to be employee causes or attempts to cause contact with blood, seminal fluid, urine or feces by throwing, tossing or expelling	LIO

Class E felony

Link to CJI2d

Two separate bills amending this statute appear to have been enacted:
L.2000 ch.422, effective 11/1/00, amends section 240.32 of the Penal Law to constitute employees of a probation department as employees for purposes of the Class E felony offense of Aggravated Harassment of an Employee by an Inmate.

§  240.32 Aggravated harassment of an employee by an inmate.
  An  inmate  or  respondent  is  guilty  of aggravated harassment of an
employee by an inmate when, with intent to harass,  annoy,  threaten  or
alarm  a person in a facility whom he knows or reasonably should know to
be an employee of such facility or [of] the division of  parole  or  the
office  of  mental health, or a probation department, bureau or unit, he
causes or attempts to cause such employee  to  come  into  contact  with
blood,  seminal fluid, urine or feces, by throwing, tossing or expelling
such fluid or material.
  For purposes of this section, "inmate" means an inmate  in  a  correc-
tional facility, local correctional facility or a hospital, as such term
is  defined in subdivision two of section four hundred of the correction
law. For purposes of this section, "respondent" means a  juvenile  in  a
secure  facility  operated  and  maintained  by the [division for youth]
office of children and family services who is placed with  or  committed
to  the [division for youth] office of children and family services. For
purposes of this section, "facility" means a  correctional  facility  or
local correctional facility, hospital, as such term is defined in subdi-
vision  two  of  section four hundred of the correction law, or a secure
facility operated and maintained by the [division for youth]  office  of
children and family services.
  Aggravated harassment of an employee by an inmate is a class E felony.

Separately enacted, L.2000 ch.441, effective 11/1/00, amends section 240.32 of the Penal Law to constitute police officers as employees for purposes of the Class E felony offense of Aggravated Harassment of an Employee by an Inmate.

§  240.32 Aggravated harassment of an employee by an inmate.
  An  inmate  or  respondent  is  guilty  of aggravated harassment of an
employee by an inmate when, with intent to harass,  annoy,  threaten  or
alarm  a person in a facility whom he knows or reasonably should know to
be an employee of such facility or of the division of parole  or  office
of  mental  health  or  a police officer, he causes or attempts to cause
such employee to come into contact with blood, seminal fluid,  urine  or
feces, by throwing, tossing or expelling such fluid or material.
  For  purposes of this section, "inmate" means an inmate or detainee in
a correctional facility, local correctional facility or a  hospital,  as
such  term  is defined in subdivision two of section four hundred of the
correction law. For purposes of this section, "respondent" means a juve-
nile in a secure facility operated and maintained by the  [division  for
youth]  office  of  children  and  family services who is placed with or
committed to the [division for youth]  office  of  children  and  family
services.  For purposes of this section, "facility" means a correctional
facility  or  local  correctional  facility,  hospital,  as such term is
defined in subdivision two of section four  hundred  of  the  correction
law,  or  a secure facility operated and maintained by the [division for
youth] office of children and family services.
  Aggravated harassment of an employee by an inmate is a class E felony.

.

Subdivision

Elements

Lesser included offenses

PL 240.32

inmate or respondent
with intent to harass, annoy, threaten or alarm
person known or reasonably should be known to be employee
causes or attempts to cause contact
with blood, seminal fluid, urine or feces
by throwing, tossing or expelling

LIO

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

Sentences
offense by