§ 240.31 Aggravated harassment in the first degree.\n A person is guilty of aggravated harassment in the first degree when\nwith intent to harass, annoy, threaten or alarm another person, because\nof a belief or perception regarding such person's race, color, national\norigin, ancestry, gender, gender identity or expression, religion,\nreligious practice, age, disability or sexual orientation, regardless of\nwhether the belief or perception is correct, he or she:\n 1. Damages premises primarily used for religious purposes, or acquired\npursuant to section six of the religious corporation law and maintained\nfor purposes of religious instruction, and the damage to the premises\nexceeds fifty dollars; or\n 2. Commits the crime of aggravated harassment in the second degree in\nthe manner proscribed by the provisions of subdivision three of section\n240.30 of this article and has been previously convicted of the crime of\naggravated harassment in the second degree for the commission of conduct\nproscribed by the provisions of subdivision three of section 240.30 or\nhe or she has been previously convicted of the crime of aggravated\nharassment in the first degree within the preceding ten years; or\n 3. Etches, paints, draws upon or otherwise places a swastika, commonly\nexhibited as the emblem of Nazi Germany, on any building or other real\nproperty, public or private, owned by any person, firm or corporation or\nany public agency or instrumentality, without express permission of the\nowner or operator of such building or real property;\n 4. Sets on fire a cross in public view; or\n 5. Etches, paints, draws upon or otherwise places or displays a noose,\ncommonly exhibited as a symbol of racism and intimidation, on any\nbuilding or other real property, public or private, owned by any person,\nfirm or corporation or any public agency or instrumentality, without\nexpress permission of the owner or operator of such building or real\nproperty.\n Aggravated harassment in the first degree is a class E felony.\n
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