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Q: Harassment: laws & victim rights ( Answered,   0 Comments )
Question  
Subject: Harassment: laws & victim rights
Category: Relationships and Society > Law
Asked by: bushidog-ga
List Price: $20.00
Posted: 06 May 2003 11:53 PDT
Expires: 05 Jun 2003 11:53 PDT
Question ID: 200248
I apologize, but I don't want to separate this multi-part question.  I
think it is best if everything is asked together--

I was recently harassed (physically hurt) on the street in New York
City by someone I did not know.  I also witnessed this person harming
other pedestrians.  This incident ended with about 8 NYPD officers
surrounding the assailant. The assailant appeared mentally ill or
drug-addicted to myself and the police. I filed an "incident report"
with one of the officers.

I have never filed a complaint before, but felt I should. (In my
opinion, this person will harm others and also needs help).  Now I am
at a loss to know what I can do next toward making sure this person
is, or has been, dealt with by authorities.  I am not sure what
happened after I left the scene.  I am not sure what I am to expect
from the police.

I would like to know:  

Can you tell me the police precinct number at Columbus Avenue and 95th
Street (Upper Westside of NYC).  (This is where the incident
occurred.)  Or can you reveal a website where I can find out this
information?

When I do know the precinct number, where can I find that precinct's
police log (which I presume must be made available to the public)?

Are there any websites which describe federal (or NYC) law governing
harassment of a pedestrian/NYC citizen which you could reveal to me?

Are there any websites for victims which explain what my rights are,
what I should expect of the police or what I can do to follow up with
the police?

Are there any victim hotlines I can call and ask these questions?

My search only came up with websites about sexual harassment in
employment
situations or hate crimes (racial, religious, etc).  This was not a
sex or hate crime.  (I'm not even sure if harassment is considered a
crime...)

If you need any further specifics to answer these questions, please
let me know.  Your help is appreciated.
Answer  
Subject: Re: Harassment: laws & victim rights
Answered By: googlenut-ga on 08 May 2003 00:45 PDT
 
Hello bushidog-ga,

I believe I have found the information that you are looking for.

The precinct for the Upper Westside of New York City is the 24th
precinct.

24 Precinct
151 West 100th Street
(212) 678-1811
http://www.nyc.gov/html/nypd/html/pct/pct024.html

===============================

I was unable to locate information about the police log.  I am sure
someone at the precinct can give you that information.

You can get information about the crime that you reported by making a
request with the NYPD Criminal Records Section.

According to the NYPD Criminal Records Section
http://www.nyc.gov/html/nypd/html/ssb/criminal.html
“Persons who have reported a crime, or lost property, may request a
verification report by properly completing the necessary captions on a
VERIFICATION OF CRIME / LOST PROPERTY [PD 542-061] form. This form is
available at any Police Precinct, Housing Police Service Area or
Transit District.

Requests submitted on VERIFICATION OF CRIME / LOST PROPERTY [PD
542-061] forms must be accompanied by a stamped self-addressed
envelope and a non-refundable $15.00 service fee.

NOTE: The service fee is waived for the victims of a crime ONLY. 

The completed form, along with the $15.00 service fee and a stamped
self-addressed envelope to should be mailed to:

N.Y.C. Police Department
Criminal Records Section
P.O. Box 2528
New York, N.Y. 10272-2528

CRIME VICTIMS ARE ENTITLED TO A COPY OF THIS REPORT AT NO CHARGE.”


As a victim of this crime, you should be able to get this report at no
charge.

===============================

There are harassment laws in the New York Penal Code:

New York State Assembly
New York State Consolidated Laws, Penal
ARTICLE 240
OFFENSES AGAINST PUBLIC ORDER
http://assembly.state.ny.us/leg/?cl=82&a=59
“S 240.25 Harassment in the first degree.
 A person is guilty of harassment in the first degree when he or she
intentionally and repeatedly harasses another person by following such
person in or about a public place or places or by engaging in a course
of conduct or by repeatedly committing acts which places such person
in reasonable fear of physical injury. 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 first degree is a class B misdemeanor.

S 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.

S 240.30 Aggravated harassment in the second degree.
 A person is guilty of aggravated harassment in the second degree
when, with intent to harass, annoy, threaten or alarm another person,
he or she:
 1. Either (a) communicates with a person, anonymously or otherwise,
by telephone, or by telegraph, mail or any other form of written
communication, in a manner likely to cause annoyance or alarm; or
 (b) causes a communication to be initiated by mechanical or
electronic means or otherwise with a person, anonymously or otherwise,
by telephone, or by telegraph, mail or any other form of written
communication, in a manner likely to cause annoyance or alarm; or
 2. Makes a telephone call, whether or not a conversation ensues, with
no purpose of legitimate communication; or
 3. Strikes, shoves, kicks, or otherwise subjects another person to
physical contact, or attempts or threatens to do the same because of a
belief or perception regarding such person`s race, color, national
origin, ancestry, gender, religion, religious practice, age,
disability or sexual orientation, regardless of whether the belief or
perception is correct; or
 4. Commits the crime of harassment in the first degree and has
previously been convicted of the crime of harassment in the first
degree as defined by section 240.25 of this article within the
preceding ten years.
 Aggravated harassment in the second degree is a class A misdemeanor.

S 240.31 Aggravated harassment in the first degree.
 A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person,
because of a belief or perception regarding such person`s race, color,
national origin, ancestry, gender, religion, religious practice, age,
disability or sexual orientation, regardless of whether the belief or
perception is correct, he or she:
 1. Damages premises primarily used for religious purposes, or
acquired pursuant to section six of the religious corporation law and
maintained for purposes of religious instruction, and the damage to
the premises exceeds fifty dollars; or
 2. Commits the crime of aggravated harassment in the second degree in
the manner proscribed by the provisions of subdivision three of
section 240.30 of this article and has been previously convicted of
the crime of aggravated harassment in the second degree for the
commission of conduct proscribed by the provisions of subdivision
three of section 240.30 or he has been previously convicted of the
crime of aggravated harassment in the first degree within the
preceding ten years.
 Aggravated harassment in the first degree is a class E felony.”

===============================

This person may also have been charged with assault.  For the text of
the assault laws, see the following web page:

New York State Assembly
New York State Consolidated Laws, Penal
ARTICLE 120
ASSAULT AND RELATED OFFENSES
http://assembly.state.ny.us/leg/?cl=82&a=27

===============================

For victims support you may want to contact Safe Horizon.
http://www.safehorizon.org/

Safe Horizon has a Crime Victims Hotline at (212)577-7777.

The Safe Horizon Website includes a pamphlet titled “What to Expect in
the Criminal Court, A Guide For Victims of Crime”
http://www.safehorizon.org/Resources/What_Expect_Crim_Crt_Bklt.pdf


Safe Horizon is recommended by the City of New York:

NYC.gov   
CITY LIFE DIRECTORY   
Community and Service Organizations  
http://home.nyc.gov/portal/index.jsp?catID=779&rc=803&pageID=nyc_citylife1&ndi=-1&cc=779&981pg=2&981sz=10
“ Safe Horizon  
  Provides services, counseling & courtroom assistance to help victims
cope with crime and its aftermath.”

===============================

Other References:

Public Advocate for the City of New York
Guide to City Government
http://www.pubadvocate.nyc.gov/html/your_guide/policefireandlaw/policeprecincts.html

New York Crimes in Alphabetical Order
http://www.new-york-arraignments.com/allcrimesalpha.htm

New York State Assembly
New York State Consolidated Laws  
Penal - Index
http://assembly.state.ny.us/leg/?cl=82

===============================

I hope you have found this information helpful.  If you have any
questions, please request clarification prior to rating the answer.

Best wishes,
Googlenut


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