Other Family Offenses.

Other family offenses warranting the issuance of an order of protection include disorderly conduct, menacing, reckless endangerment, criminal mischief, identity theft, grand larceny, and coercion.

New York Penal Law Section 240.20 - Disorderly Conduct

A person commits disorderly conduct when, with intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof:

  1. They engage in fighting or in violent, tumultuous, or threatening behavior; or

  2. They make unreasonable noise; or

  3. They use abusive or obscene language or an obscene gesture in a public place; or

  4. They disturb any lawful assembly or meeting without lawful authority; or

  5. They obstruct car or pedestrian traffic; or

  6. They congregate in a public place with other people and refuse to comply with lawful police orders to disperse; or

  7. They create a hazardous or physically offensive condition for no legitimate purpose.

New York Penal Law Section 120.15 - Menacing in the Third Degree

A person commits menacing in the third degree when, by physical menace, they intentional place or attempt to place another in fear of death, imminent serious physical injury, or physical injury.

New York Penal Law Section 120.14 - Menacing in the Second Degree

A person commits menacing in the second degree when:

  1. They intentionally place or attempt to place another in reasonable fear of physical injury, serious physical injury, or death, by displaying a deadly weapon or dangerous instrument or what appears to be a gun; or

  2. They repeatedly follow a person or engage in a course of conduct which intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury, or death; or

  3. They commit menacing in the third degree in violation of an order of protection or other order of which they are aware.

New York Penal Law Section 120.20 - Reckless Endangerment in the Second Degree

A person commits reckless endangerment in the second degree when they recklessly engage in conduct which creates a substantial risk of serious physical injury to another.

New York Penal Law Section 120.25 - Reckless Endangerment in the First Degree

A person commits reckless endangerment in the first degree when, demonstrating a depraved indifference to human life, they recklessly engage in conduct which creates a grave risk of death to another.

New York Penal Law Section 145.00 - Criminal Mischief in the Fourth Degree

A person commits criminal mischief in the fourth degree when, having no right or reasonable ground to belief they have such a right, they:

  1. Intentionally damage another person’s property; or

  2. Intentionally destroy an abandoned building; or

  3. Recklessly damage another person’s property in an amount exceeding $250; or

  4. With an intent to prevent someone from placing an emergency call, they intentionally disable equipment needed to place the call while the other person is attempting to seek emergency assistance from law enforcement or similar government entities or attempting to seek emergency assistance from another person or entity to protect themselves or a third party from imminent physical injury.

New York Penal Law Section 145.05 - Criminal Mischief in the Third Degree

A person commits criminal mischief in the third degree when, with intent to damage another person’s property and with no right to do so or any reasonable ground to believe they have a right to do so, they:

  1. Damage a car by breaking into it when it is locked in order to steal property and within the previous decade they have been convicted of criminal mischief three or more times in three or more separate criminal transactions.

  2. Damage another person’s property in an amount exceeding $250.

New York Penal Law Section 145.10 - Criminal Mischief in the Second Degree

A person commits criminal mischief in the second degree when, with intent to damage another person’s property, and with no right to do so nor any reasonable ground to believe they have such a right, they damage another person’s property in an amount exceeding $1,500.

New York Penal Law Section 145.12 - Criminal Mischief in the First Degree

A person commits criminal mischief in the first degree when, with intent to damage another person’s property, and with no right to do so nor any reasonable ground to believe they have such a right, they damage another person’s property using an explosive.

New York Penal Law Section 190.78 - Identity Theft in the Third Degree

A person commits identity theft in the third degree when they knowingly and with the intent to defraud assume the identity of another by presenting themselves as that person or by acting as that person by using that person’s personal identifying information and thereby:

  1. Obtains goods, money, property, or services, or uses credit in that person’s name or causes them or another person financial loss; or

  2. Commits a class A misdemeanor or higher level crime.

New York Penal Law Section 190.79 - Identity Theft in the Second Degree

A person commits identity theft in the second degree when they knowingly and with intent to defraud assumes the identity of another by presenting themselves as that person or by acting as that person using that person’s personal identifying information and thereby:

  1. Obtains goods, money, property or services or uses credit in the name of the other person in an aggregate amount exceeding $500; or

  2. Causes financial loss to a person or persons in an aggregate amount exceeding $500; or

  3. Commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or

  4. Commits the crime of identity theft in the third degree and has, within the past 5 years, previously been convicted of committing certain crimes, including identity theft, unlawful possession of personal identification information, unlawful; possession of a skier device, or grand larceny.

New York Penal Law Section 190.80 - Identity Theft in the First Degree

A person commits identity theft in the first degree when they knowingly and with intent to defraud assumes the identity of another by presenting themselves as that person or by acting as that person using that person’s personal identifying information and thereby:

  1. Obtains goods, money, property or services or uses credit in the name of the other person in an aggregate amount exceeding $2,000; or

  2. Causes financial loss to a person or persons in an aggregate amount exceeding $2,000; or

  3. Commits to attempt a class D felony or higher level crime or acts as an accessory to same; or

  4. Commits a crime of identity theft in the second degree and, within the past five years, has been convicted of other types of identity theft or grand larceny.

New York Penal Law Section 155.30 - Grand Larceny in the Fourth Degree

A person commits grand larceny in the fourth degree when they steal property and when:

  1. The value of the property exceeds $1,000; or

  2. The property consists of a public record, writing, or instrument kept, filed, or deposited according to law or in the keeping of any public servant;

  3. The property consists of secret scientific material; or

  4. The property consists of a credit or debit card;

  5. The property, regardless of nature or value, is taken from the person of another; or

  6. The property, regardless of its nature or value, is obtained by extortion; or

  7. The property consists of one or more guns; or

  8. The value of the property exceeds $100 and consists of a car; or

  9. The property consists of a religious item which has a value of at least $100 and is kept in connection with religious worship in any place of worship; or

  10. The property consists of an access device which the person intends to use to unlawfully obtain telephone service; or

  11. The property consists of certain chemicals and the the person intends to use or knows another person intends to use them to make methamphetamine.

New York Penal Law Section 155.35 - Grand Larceny in the Third Degree

A person commits grand larceny in the third degree when they steal property and:

  1. The value of the property exceeds $3,000; or

  2. The property is an ATM or the contents of an ATM machine.

New York Penal Law Section 155.40 - Grand Larceny in the Second Degree

A person commits grand larceny in the second degree when they steal property when:

  1. The value of the property exceeds $50,000; or

  2. The property, regardless of its nature or value, is obtained by extortion by instilling in the victim a fear that they or another will cause physical injury to someone in the future, cause damage to the property, or use or abuse their position as a public servant to affect some person adversely.

New York Penal Law Section 155.42 - Grand Larceny in the First Degree

A person commits grand larceny in the first degree when they steal property with a value exceeding one million dollars.

New York Penal Law Section 135.61 - Coercion in the Second Degree

A person commits coercion in the second degree when they commit coercion in the third degree and compel a person to engage in sexual intercourse or oral or anal sexual conduct.