New York Menacing Laws

New York’s menacing laws fall between assault and stalking in the New York Penal Law. Menacing involves placing another person in fear of serious physical injury through a course of conduct or by the use of a dangerous instrument.

Menacing differs from assault in that it does not involve actual injury. It differs from stalking because stalking is a course of conduct directed at a single person or group of people. Some states define general assault like New York defines menacing, but the result is the same. The crime is intentionally causing fear of harm without physical contact.

New York Menacing Laws

New York has several menacing charges, and menacing is part of other related offenses. Menacing can be a part of domestic violence and workplace harassment cases.

Under the New York Penal Code, menacing means:

• Placing another person in reasonable fear of physical injury
• Displaying a deadly weapon, a dangerous instrument, or an apparent firearm
• Engaging in a course of conduct over a period of time intended to cause such fear
• Violating an order of protection issued against the offender

Menacing does not require physical injury but entails some degree of physical menace. Cyber crimes, like cyberstalking and online harassment, may cause fear of injury or death but are not included in menacing laws. Cyberstalking has its own penal code section.

Menacing statutes can be confusing when read in order. This review should help you understand the details of menacing and other crimes.

Third-degree menacing (NY Penal Law § 120.15)

Intentionally placing another in fear of death or imminent physical injury. An offender can do this with words, actions, or other course of conduct, such as following or stalking them.

Third-degree menacing is a class B misdemeanor punishable by up to three months in prison.

Second-degree menacing (NY Penal Law § 120.14)

Second-degree menacing can be either:

• Placing another in reasonable fear of injury or death by displaying a weapon
• Repeatedly engaging in conduct intended to place another in fear of injury or death
• Violates a protective order or other court order

Second-degree menacing is a class A misdemeanor punishable by up to one year in prison.

First-degree menacing (NY Penal Law § 120.13)

The crime of menacing in the first degree happens when an offender commits second-degree menacing and has been convicted of second-degree menacing or menacing a police officer or a peace officer within the last 10 years.

First-degree menacing is a class E felony punishable by up to four years in prison.

Menacing a law enforcement officer is a separate offense (NY Penal Law § 120.18) and is a Class D felony.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

Related Resources For New York Menacing Laws

Click on the links below for more information about related crime laws in New York.

• New York Stalking Laws
• New York Disorderly Conduct Laws
• New York Assault and Battery Laws
• New York Criminal Statute of Limitations Laws

Get Legal Advice From a New York Criminal Defense Lawyer

The crime of menacing depends on the reasonableness of the victim’s fear of injury or death. An offender charged with menacing may not have intended to cause such fear. When facing criminal charges for menacing or violating a protective order, you need help from an experienced New York criminal defense attorney.