Threats And Harassment Laws

Summary

In New York, making threats or engaging in harassment can be illegal, depending on the context. Persistent antagonizing behavior, even in a private home, may be considered harassment. Document incidents and seek legal advice for guidance.

Full Conversation

Is it illegal if I tell someone: "I would spit on you if you were sitting down"?
Hi Dale, this might be considered a threat, which can be illegal depending on the context and your location. Where are you located? This will help me provide you with more specific information.
Holtsville, New York
In New York, making a threat can potentially be classified as harassment or menacing. It depends on the context and if the threat causes the person to fear for their safety.
- Harassment: Engaging in a course of conduct or repeatedly committing acts which alarm or seriously annoy another person.
- Menacing: Intentionally placing or attempting to place another person in fear of imminent physical injury.
Could you provide more details about the context in which the statement was made?
What is an example of a course of conduct or repeatedly committing acts which alarm or seriously annoy another person?
Engaging in a course of conduct or repeatedly committing acts which alarm or seriously annoy another person can include:
- Sending repeated, unwanted messages or calls.
- Following someone around.
- Making frequent, offensive comments.
- Consistently showing up at someone's home or workplace uninvited.
Do you have any specific incidents in mind?
Can that be done in a private home?
Yes, harassment or menacing can occur in a private home. The location doesn't exempt the behavior from being considered illegal. It's the nature and context of the actions that matter.
Is there a specific incident at home you're concerned about?
If my older brother follows me to antagonize me is that harassment?
Yes, if your older brother follows you to antagonize you, it could potentially be considered harassment. Harassment involves engaging in a course of conduct that seriously alarms or annoys another person. If his actions are persistent and cause you distress, it may meet the criteria for harassment.
Is there a specific incident or pattern of behavior you're dealing with?
Yeah
If your brother's actions are persistent and aimed at causing you distress, it could indeed be considered harassment. You may want to document these incidents and consider speaking with a legal professional for further advice.
Would you like information on how to proceed legally or tips on documenting these incidents?
Yeah
Dale, here are some steps you can take:
- Document Incidents: Keep a detailed record of each time your brother follows or antagonizes you, noting dates, times, and specific behaviors.
- Communicate Clearly: Let your brother know that his behavior is unwelcome and causing you distress.
- Seek Legal Advice: Consider consulting a lawyer who can provide guidance specific to your situation and help you understand your legal options.
Would you like more information on how to find legal assistance in your area?