{"jurisdiction": "us-ny", "code": "penal", "section": "215.51", "citation": "Penal Law § 215.51", "heading": "Criminal contempt in the first degree", "text": ["§ 215.51 Criminal contempt in the first degree.", "A person is guilty of criminal contempt in the first degree when:", "(a) he contumaciously and unlawfully refuses to be sworn as a witness before a grand jury, or, when after having been sworn as a witness before a grand jury, he refuses to answer any legal and proper interrogatory; or", "(b) in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, he or she:", "(i) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm or by means of a threat or threats; or", "(ii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by repeatedly following such person or engaging in a course of conduct or repeatedly committing acts over a period of time; or", "(iii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death when he or she communicates or causes a communication to be initiated with such person by mechanical or electronic means or otherwise, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication; or", "(iv) with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, repeatedly makes telephone calls to such person, whether or not a conversation ensues, with no purpose of legitimate communication; or", "(v) with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, strikes, shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same; or", "(vi) by physical menace, intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of death, imminent serious physical injury or physical injury.", "(c) he or she commits the crime of criminal contempt in the second degree as defined in subdivision three of section 215.50 of this article by violating that part of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, under sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four, five, six and eight of the family court act and section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which requires the respondent or defendant to stay away from the person or persons on whose behalf the order was issued, and where the defendant has been previously convicted of the crime of aggravated criminal contempt or criminal contempt in the first or second degree for violating an order of protection as described herein within the preceding five years; or", "(d) in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, he or she intentionally or recklessly damages the property of a person for whose protection such order was issued in an amount exceeding two hundred fifty dollars.", "Criminal contempt in the first degree is a class E felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/215.51", "from_official_api": true, "plain_english": "First-degree criminal contempt covers grand-jury defiance and serious violations of orders of protection.\n- **(a)** **Refusing to be sworn** as a witness before a **grand jury**, or, once sworn, refusing to answer a legal and proper question.\n- **(b)** Violating an order of protection that was **duly served**, or that the defendant **knew of because he or she was present in court** when it was issued, or one issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, by:\n  - **(i)** intentionally placing or attempting to place the protected person in **reasonable fear of physical injury, serious physical injury or death** by displaying a deadly weapon, dangerous instrument or apparent firearm, or by threats;\n  - **(ii)** doing so by **repeatedly following** the person or a course of conduct or repeated acts over time;\n  - **(iii)** doing so through a **communication** by phone, mail, electronic or any other means, anonymous or not;\n  - **(iv)** with intent to harass, annoy, threaten or alarm, **repeatedly phoning** the person with no legitimate purpose, whether or not a conversation ensues;\n  - **(v)** with that intent, **striking, shoving, kicking** or otherwise touching the person, or attempting or threatening to; or\n  - **(vi)** by **physical menace**, intentionally placing or attempting to place the person in reasonable fear of death, imminent serious physical injury or physical injury.\n- **(c)** Committing second-degree contempt under **subdivision 3 of § 215.50** by violating the **stay-away** part of a qualifying order (Domestic Relations Law §§ 240 and 252, Family Court Act articles 4, 5, 6 and 8, CPL § 530.12, or another state, territorial or tribal order), after a conviction for **aggravated criminal contempt or first- or second-degree criminal contempt** for violating such an order **within the preceding 5 years**. ★\n- **(d)** Violating a qualifying order by **intentionally or recklessly damaging the protected person's property** by **more than $250**. ★\nThe offense is a **class E felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/215.51", "publisher": "Elyphived LLC"}