Criminal contempt in the first degree

§ 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, or an order of protection
issued by a court of competent jurisdiction in this or another state,
territorial or tribal jurisdiction, 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
jurisdiction, 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 preceding 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 or she was
present in court when such order was issued, or an order issued by a
court of competent jurisdiction in this or another state, territorial or
tribal jurisdiction, he or she 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.

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