NYSentencing

§ 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  or  she  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 or she 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, or an order of protection issued by a court
of competent jurisdiction in another state, territorial or tribal juris-
diction, 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  aggravated
criminal contempt or criminal contempt in the first or second degree for
violating  an order of protection as described herein within the preced-
ing 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.
with Argument