New York Consolidated Laws

N.Y. Penal Law § 240.26 (2026)

Harassment in the second degree

✓ current as of May 2026

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§ 240.26 Harassment in the second degree.
  A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
  1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
  2. He or she follows a person in or about a public place or places; or
  3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
  Subdivisions two and three of this section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
  Harassment in the second degree is a violation.

Notes of Decisions

Cited in 1,132 cases (306 in the last 5 years), 1993–2026 · leading case: Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016).

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Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016). · cites it 3× “Traffic infractions are violations of the Vehicle and Traffic Law, “which [are] not declared by this chapter or other law of this state to be a misdemeanor or a felony.” N.Y. Veh. & Traf.”

Matter of Zhuo Hong Zheng v. Hsin Cheng, 2016 NY Slip Op 8084 (N.Y. App. Div. 2016). · cites it 2× “Contrary to the Family Court’s further determination, the petitioner established that the respondent committed the family offense of harassment in the second degree (see Family Ct Act § 812 [1]; Penal Law § 240.26). The credible evidence presented at the hearing established…”

People v. Coveney, 50 Misc. 3d 1 (N.Y. App. Term. 2015). · cites it 11× “Ordered that the judgment of conviction is modified, on the law, by vacating so much of the judgment as convicted defendant of two counts of harassment in the second degree under Penal Law § 240.26 (1) and (3), respectively, two counts of attempted aggravated harassment in the…”

The People v. Frankie Hatton, 44 N.E.3d 188 (NY 2015). · cites it 2× “55) and harassment in the second degree (Penal Law § 240.26 [1]). The separate instruments contained almost identical factual allegations that defendant smacked the buttocks of two different women, for a total of six complainants, over the course of three weeks.”

People v. Sylla, 7 Misc. 3d 8 (N.Y. App. Term. 2005). · cites it 4× “15) and harassment in the second degree (Penal Law § 240.26 [1]). Defendant did not challenge the sufficiency of the information, and was convicted on all counts.”

The People v.Raymond Denson, 42 N.E.3d 676 (NY 2015). · cites it 2× “10 [1]) and harassment (Penal Law § 240.26 [3]). The misdemeanor information recited the facts as described in the majority's opinion.”

Matter of Judith L.C. v. Lawrence Y., 2020 NY Slip Op 672 (N.Y. App. Div. 2020). · cites it 4× “15), two counts of harassment in the second degree (Penal Law § 240.26[1]), and one count of harassment in the second degree (Penal Law § 240.”

The People v. Kaity Marshall, 45 N.E.3d 954 (NY 2015). · cites it 4× “15), and Harassment in the Second Degree (Penal Law § 240.26 [1]). Eighteen months after the bus incident, and the day before a scheduled court appearance on defendant's criminal case, the prosecutor met with complainant and showed her a photograph of defendant taken on the day…”

The People v. Steven Repanti, 28 N.E.3d 511 (NY 2015). · cites it 4× “00) and harassment in the second degree (Penal Law § 240.26) because those counts are based on the same conduct and therefore, on the facts of his case, harassment must be treated as a lesser included offense of attempted assault.”

Matter of Dawn DD. v. James EE., 140 A.D.3d 1225 (N.Y. App. Div. 2016). · cites it 3× “[h]e or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same” (Penal Law § 240.26 [1] [emphasis added]).”

Matter of Shank v. Shank, 2017 NY Slip Op 8001 (N.Y. App. Div. 2017). · cites it 3× “Here, according due deference to the credibility determinations of the Family Court, a fair preponderance of the evidence adduced at the fact-finding hearing supported a finding that the appellant committed the family offense of harassment in the second degree (see Family Ct Act…”

K.J. v. K.K., 23 Misc. 3d 754 (N.Y.C. Fam. Ct. 2009). · cites it 5× “(Penal Law § 240.26.) In her motion papers respondent alleges the petition fails to allege harassment in that there is no allegation respondent subjected L.”

Show all 1,132 citing cases →

— N.Y. Penal Law § 240.26(1) — 21 cases

Crisonino v. New York City Hous. Auth., 985 F. Supp. 385 (S.D.N.Y. 1997).

Naccarato v. Scarselli, 124 F. Supp. 2d 36 (N.D.N.Y. 2000).

Rodriguez v. City of New York, 535 F. Supp. 2d 436 (S.D.N.Y. 2008).

Matter of W.S. v. G.S., 2025 NY Slip Op 25024 (N.Y. Fam. Ct., Kings Cty. 2025).

— N.Y. Penal Law § 240.26(2) — 1 case

Matter of Franklin R. C. v. Yoeli M. A., 2018 NY Slip Op 7043 (N.Y. App. Div. 2018).

— N.Y. Penal Law § 240.26(3) — 16 cases

Corsini v. Bloomberg, 26 F. Supp. 3d 230 (S.D.N.Y. 2014).

People v. Kohler, 2024 NY Slip Op 51878(U) (2024).

Matter of W.S. v. G.S., 2025 NY Slip Op 25024 (N.Y. Fam. Ct., Kings Cty. 2025).

Matter of Yajaira B. v. Victoria B., 2022 NY Slip Op 02863 (N.Y. App. Div. 2022).

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