NYSentencing

§ 240.31 Aggravated harassment in the first degree.
    A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person,  because
of the race, color, religion or national origin of such person he:
    1.  Damages  premises  primarily  used  for  religious  purposes, or
acquired pursuant to section six of the religious  corporation  law  and
maintained  for purposes of religious instruction, and the damage to the
premises exceeds fifty dollars; or
    2.  Commits  the crime of aggravated harassment in the second degree
in the manner proscribed by  the  provisions  of  subdivision  three  of
section  240.30 of this article and has been previously convicted of the
crime of aggravated harassment in the second degree for  the  commission
of  conduct proscribed by the provisions of subdivision three of section
240.30 or he has been previously convicted of the  crime  of  aggravated
harassment in the first degree within the preceding ten years.
  3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited  as  the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of  the
owner or operator of such building or real property;
  4. Sets on fire a cross in public view; or
  5. Etches, paints, draws upon or otherwise places or displays a noose,
commonly exhibited as a symbol of racism and intimidation, on any build-
ing or other real property, public or private, owned by any person, firm
or corporation or any public agency or instrumentality, without  express
permission of the owner or operator of such building or real property.
    Aggravated harassment in the first degree is a class E felony.
with Argument