CJI2d[NY] Penal Law § 240.30 (1)(a) and (b)

The (specify) count is Aggravated Harassment in the Second Degree.

Under our law, a person is guilty of Aggravated Harassment in the Second Degree when, with intent to harass another person, the actor

Select appropriate alternative:

communicates, anonymously or otherwise, or

causes a communication to be initiated anonymously or otherwise,

[Select applicable means: by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication],

a threat to cause physical harm to, or unlawful harm to the property of, such person [or a member of such person’s same family or household²], and the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to such person’s physical safety or property, [or to the physical safety or property of a member of such person’s same family or household].

The following terms used in that definition have a special meaning:

INTENT means conscious objective or purpose.³ Thus, a person acts with intent to harass another person when his or her conscious objective or purpose is to do so.

[MEMBERS OF THE SAME FAMILY OR HOUSEHOLD are: Select appropriate alternative(s):

persons related by consanguinity or affinity⁴; persons legally married to one another;

persons formerly married to one another regardless of whether they still reside in the same household;

persons who have a child in common, regardless of whether such persons have been married or have lived together at any time;

persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors you may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an "intimate relationship.”⁵]

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:

1. That on or about (date), in the county of (County), the defendant, (defendant’s name),

Select appropriate alternative:

communicated, anonymously or otherwise, [Select applicable means: by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication] ; or

caused a communication to be initiated anonymously or otherwise, [Select applicable means: by telephone, by computer or any other electronic means, or by mail, or by transmitting

or delivering any other form of

communication], that communicated

a threat to cause physical harm to, or unlawful harm to the property of (specify) [or a member of

(specify)’s same family or household]; and

2. That the defendant knew or reasonably should have known that such communication would cause (specify) to reasonably fear harm to his/her physical safety or property, [or to the physical safety or property of a member of (specify)’s same family or household]; and

3. That the defendant did so with intent to harass

(specify).

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.