§ 240.33 Aggravated harassment of a judge.\n A person is guilty of aggravated harassment of a judge when:\n 1. With intent to harass another person, the actor either:\n (a) communicates, anonymously or otherwise, by telephone, by computer\nor any other electronic means, or by mail, or by transmitting or\ndelivering any other form of communication, a threat to cause physical\nharm to, or unlawful harm to the property of, a person the actor knows\nor reasonably should know is a judge, or a member of such judge's\nimmediate family, and the actor knows or reasonably should know that\nsuch communication will cause such judge to reasonably fear harm to such\njudge's physical safety or property, or to the physical safety or\nproperty of a member of such judge's immediate family; or\n (b) causes a communication to be initiated anonymously or otherwise,\nby telephone, by computer or any other electronic means, or by mail, or\nby transmitting or delivering any other form of communication, a threat\nto cause physical harm to, or unlawful harm to the property of, a person\nthe actor knows or reasonably should know is a judge, or a member of\nsuch judge's immediate family, and the actor knows or reasonably should\nknow that such communication will cause such judge to reasonably fear\nharm to such person's physical safety or property, or to the physical\nsafety or property of a member of such judge's immediate family; or\n 2. With intent to harass or threaten a person the actor knows or\nreasonably should know is a judge or a member of such judge's immediate\nfamily, the actor makes a telephone call, whether or not a conversation\nensues, with no purpose of legitimate communication; or\n 3. With the intent to harass, annoy, threaten or alarm a person the\nactor knows or reasonably should know is a judge or a member of such\njudge's immediate family, the actor strikes, shoves, kicks, or otherwise\nsubjects another person to physical contact, or attempts or threatens to\ndo the same because of a belief or perception regarding such person's\nrace, color, national origin, ancestry, gender, gender identity or\nexpression, religion, religious practice, age, disability or sexual\norientation, regardless of whether the belief or perception is correct;\nor\n 4. With the intent to harass, annoy, threaten or alarm a person the\nactor knows or reasonably should know is a judge or a member of such\njudge's immediate family, the actor strikes, shoves, kicks or otherwise\nsubjects another person to physical contact thereby causing physical\ninjury to such person or to an immediate family member of such person;\nor\n 5. The actor commits the crime of harassment in the first degree\nagainst a person the actor knows or reasonably should know is a judge or\na member of such judge's immediate family and has previously been\nconvicted of the crime of harassment in the first degree as defined by\nsection 240.25 of this article within the preceding ten years.\n For purposes of this section: "judge" shall mean a judge of a court of\nrecord or a justice court; and "immediate family" shall have the same\nmeaning as defined in section 120.40 of this chapter.\n Aggravated harassment of a judge is a class E felony.\n
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