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Accused of Harassment Over an Exchange of Text Messages

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  • 11-04-2015, 11:40 PM
    bmer92
    Accused of Harassment Over an Exchange of Text Messages
    My question involves criminal law for the state of: New York.

    I was wondering if someone could tell me about Harassment in NY state and whether my circumstances warrant concern or whether im being a bit paranoid. I got in touch with an old fling via text message a few months ago she goes to school in NY state. All I said was hello she apparently didnt have my number saved anymore and asked who I was I ended up telling her my name etc she ended up remembering. As the conversation progressed I asked her how school was and if she was still going to the same school. She ended up saying its creepy that I remembered where she went to school because such a long time had passed since we had last talked. I jokingly said well im not stalking you or anything I just have a good memory. All of the sudden she ended up telling me to stop texting her and that she was going to report me for harassment. I ended up sending one last text messaging apologizing for bothering her and havent contacted her since. My question is this. I live in Pennsylvania, Its been 6 months since this occured wouldnt police from NY have contacted me by phone if they were investigating such a claim or if charges were filed? Or wouldnt they have atleast sent me a misdemeanor summons or court summons in the mail via certified letter or some sort? I was worried I had a warrant out for my arrest so I went to my local police station to turn myself in they ran my name through NCIC along with PA state database and said I didnt have any warrants out for my arrest. Is it possible I could have a NY state only warrant? But as I said above I was never contacted by NY in anyway. Is it possible charges werent filed and im just being a bit paranoid? Im not a bad person and want to get this taken care of but I also dont want to find out I had a NY state only warrant out for my arrest 20 years from now. If anyone can anwser my questions thanks in advance!
  • 11-04-2015, 11:54 PM
    Taxing Matters
    Re: Harassment in New York State
    Quote:

    Quoting bmer92
    View Post
    My question involves criminal law for the state of: New York.

    My question is this. I live in Pennsylvania, Its been 6 months since this occured wouldnt police from NY have contacted me by phone if they were investigating such a claim or if charges were filed? Or wouldnt they have atleast sent me a misdemeanor summons or court summons in the mail via certified letter or some sort? I was worried I had a warrant out for my arrest so I went to my local police station to turn myself in they ran my name through NCIC along with PA state database and said I didnt have any warrants out for my arrest. Is it possible I could have a NY state only warrant?

    Just going by what you said here there was no criminal harassment. You contacted her and tried to catch up on what’s been happening with her, and she got spooked because you remembered more than she thought someone would after all this time. She told you to stop contacting her and you did. If that’s all there was to it then even if she reported that to the police they’d have told her there was nothing they could do about it. I wouldn’t get worked up about this if I were you.

    Some people just have amazing memories. I have run into several people in the course of my life who recognized me after many years or whom I recognized. It happens. Sometimes people make more of an impression on you than you do on them. Apparently, that is what happened here. It’s the sort of thing that makes life a little more interesting. Don’t let this deter you from greeting other old friends you might encounter.
  • 11-05-2015, 12:36 AM
    bmer92
    Re: Harassment in New York State
    Quote:

    Quoting Taxing Matters
    View Post
    Just going by what you said here there was no criminal harassment. You contacted her and tried to catch up on what’s been happening with her, and she got spooked because you remembered more than she thought someone would after all this time. She told you to stop contacting her and you did. If that’s all there was to it then even if she reported that to the police they’d have told her there was nothing they could do about it. I wouldn’t get worked up about this if I were you.

    Some people just have amazing memories. I have run into several people in the course of my life who recognized me after many years or whom I recognized. It happens. Sometimes people make more of an impression on you than you do on them. Apparently, that is what happened here. It’s the sort of thing that makes life a little more interesting. Don’t let this deter you from greeting other old friends you might encounter.

    I guess the reason I worried was I looked up state law for new york in regards to harassment and it said that if you contacted anyone at inconvenient hours or caused them alarm it was harassment. I didnt contact her at inconvenient hours however I did cause her alarm I guess thats why I was a bit worried but as you said its not like I was stalking her or continuously contacting her after she told me not too.
  • 11-05-2015, 12:39 AM
    Dogmatique
    Re: Harassment in New York State
    Quote:

    Quoting bmer92
    View Post
    I guess the reason I worried was I looked up state law for new york in regards to harassment and it said that if you contacted anyone at inconvenient hours or caused them alarm it was harassment. I didnt contact her at inconvenient hours however I did cause her alarm I guess thats why I was a bit worried but as you said its not like I was stalking her or continuously contacting her after she told me not too.

    That's not what the statutes actually say. Please re-read Taxing's post - it's spot on :)
  • 11-05-2015, 12:43 AM
    bmer92
    Re: Harassment in New York State
    Quote:

    Quoting Dogmatique
    View Post
    That's not what the statutes actually say. Please re-read Taxing's post - it's spot on :)

    For future reference what are the current statutes for harassment in NY?
  • 11-05-2015, 01:53 AM
    bmer92
    Re: Harassment in New York State
    Aggravated harassment states if you communicate with someone that causes alarm your committing a crime. That was what I was refering too. I guess I was wrong? Was that law repealed or something.
  • 11-05-2015, 02:51 AM
    Taxing Matters
    Re: Harassment in New York State
    Quote:

    Quoting bmer92
    View Post
    Aggravated harassment states if you communicate with someone that causes alarm your committing a crime. That was what I was refering too. I guess I was wrong? Was that law repealed or something.

    You did not read it closely then. There are several parts to aggravated harassment in the 2nd degree in New York, Penal Code section 240.30. Subsection 1 is, I think, the part you were reading. Paragraphs (a) and (b) of that section are the same except that (a) involves a direct communication with the victim and (b) is an indirect communication. You communicated directly with her, so lets look at paragraph (a). The provision states:

    240.30 Aggravated harassment in the second degree. A person is guilty of aggravated harassment in the second degree when:

    1. With intent to harass another person, the actor either:

    (a) communicates, anonymously or otherwise, 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 household as defined in subdivision one of section 530.11 of the criminal procedure law, 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.

    (Bolding added.) Look at the part I bolded. The communication had be a threat or physical or unlawful harm to the person, a member of the person’s household, or the person’s property. From what you said, you didn’t make any kind of threat of harm to her or anyone else nor did you threaten to harm her property.

    Moreover, you had to have reasonably known that your communication would cause her to fear for her safety, the safety of a family member, or the safety of her property. So even if she got bent out of shape over an innocent attempt to reconnect with her, you could not have reasonably expected that reaction.

    So, just based on what you’ve said here, your communication with her comes nowhere near being aggravated harassment. If the conversation was as you described, you have nothing to worry about in terms of criminal prosecution.
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