N.Y. Penal Law Section 240.32
Aggravated harassment of an employee by an incarcerated individual

An incarcerated individual or respondent is guilty of aggravated harassment of an employee by an incarcerated individual when, with intent to harass, annoy, threaten or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility or the board of parole or the office of mental health, or a probation department, bureau or unit or a police officer, he or she causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing or expelling such fluid or material. For purposes of this section, “incarcerated individual” means an incarcerated individual or detainee in a correctional facility, local correctional facility or a hospital, as such term is defined in subdivision two of Correction Law § 400 (Definitions)section four hundred of the correction law. For purposes of this section, “respondent” means a juvenile in a secure facility operated and maintained by the office of children and family services who is placed with or committed to the office of children and family services. For purposes of this section, “facility” means a correctional facility or local correctional facility, hospital, as such term is defined in subdivision two of Correction Law § 400 (Definitions)section four hundred of the correction law, or a secure facility operated and maintained by the office of children and family services. Aggravated harassment of an employee by an incarcerated individual is a class E felony.

Source: Section 240.32 — Aggravated harassment of an employee by an incarcerated individual, https://www.­nysenate.­gov/legislation/laws/PEN/240.­32 (updated Aug. 13, 2021; accessed Feb. 28, 2026).

240.00
Offenses against public order 240.05
Riot in the second degree 240.06
Riot in the first degree 240.08
Inciting to riot 240.10
Unlawful assembly 240.15
Criminal anarchy 240.20
Disorderly conduct 240.21
Disruption or disturbance of a religious service, funeral, burial or memorial service 240.25
Harassment in the first degree 240.26
Harassment in the second degree 240.30
Aggravated harassment in the second degree 240.31
Aggravated harassment in the first degree 240.32
Aggravated harassment of an employee by an incarcerated individual 240.33
Aggravated harassment of a judge 240.35
Loitering 240.36
Loitering in the first degree 240.40
Appearance in public under the influence of narcotics or a drug other than alcohol 240.45
Criminal nuisance in the second degree 240.46
Criminal nuisance in the first degree 240.48
Disseminating a false registered sex offender notice 240.50
Falsely reporting an incident in the third degree 240.55
Falsely reporting an incident in the second degree 240.60
Falsely reporting an incident in the first degree 240.61
Placing a false bomb or hazardous substance in the second degree 240.62
Placing a false bomb or hazardous substance in the first degree 240.63
Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall 240.65
Unlawful prevention of public access to records 240.70
Criminal interference with health care services or religious worship in the second degree 240.71
Criminal interference with health care services or religious worship in the first degree 240.72
Aggravated interference with health care services in the second degree 240.73
Aggravated interference with health care services in the first degree 240.75
Aggravated family offense 240.76
Directing a laser at an aircraft in the second degree 240.77
Directing a laser at an aircraft in the first degree 240.78
Making a threat of mass harm 240.79
Aggravated threat of mass harm
Green check means up to date. Up to date

Verified:
Feb. 28, 2026

Last modified:
Aug. 13, 2021

§ 240.32. Aggravated harassment of an employee by an incarcerated individual's source at nysenate​.gov

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