] is old law to be omitted. LBD04331-01-5A. 6706 2 1 (b) causes a communication to be initiated anonymously or otherwise, 2 by telephone, by computer or any other electronic means, or by mail or 3 electronic mail, or by transmitting or delivering any other form of 4 communication, a threat to cause physical harm to, or unlawful harm to 5 the property of, such person, or a member of such person's same family 6 or household as defined in subdivision one of section 530.11 of the 7 criminal procedure law, and the actor knows or reasonably should know 8 that such communication will cause such person to reasonably fear harm 9 to such person's physical safety or property, or to the physical safety 10 or property of a member of such person's same family or household; or 11 2. For purposes of this section the term "law enforcement officer" 12 means any active or retired city or state law enforcement officer, peace 13 officer, sheriff, deputy sheriff, probation or parole officer, marshal, 14 deputy, wildlife enforcement agency, county or state correctional offi- 15 cer, fire marshal or commissioned agent of the department of corrections 16 and community supervision, as well as any federal law enforcement offi- 17 cer or employee, whose permanent duties include making arrests, perform- 18 ing search and seizures, execution of criminal arrest warrants, 19 execution of civil seizure warrants, any civil functions performed by 20 sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or 21 the care, custody, control or supervision of incarcerated individuals. 22 Harassment of a law enforcement officer or a member of the officer's 23 family in the first degree is a class E felony. 24 § 240.28 Harassment of a law enforcement officer or a member of the 25 officer's family in the second degree. 26 1. A person is guilty of harassment of a law enforcement officer or a 27 member of the officer's family in the second degree when, with intent to 28 harass, annoy or alarm a law enforcement officer or a member of a law 29 enforcement officer's same family or household as defined in subdivision 30 one of section 530.11 of the criminal procedure law, the person: 31 (a) strikes, shoves, kicks or otherwise subjects such law enforcement 32 officer or a member of a law enforcement officer's same family or house- 33 hold to physical contact, or attempts or threatens to do the same; or 34 (b) follows a law enforcement officer or a member of a law enforcement 35 officer's same family or household in or about a public place or places; 36 or 37 (c) engages in a course of conduct or repeatedly commits acts which 38 alarm or seriously annoy such law enforcement officer or member of a law 39 enforcement officer's same family or household and which serve no legit- 40 imate purpose. 41 2. For purposes of this section the term "law enforcement officer" 42 means any active or retired city or state law enforcement officer, peace 43 officer, sheriff, deputy sheriff, probation or parole officer, marshal, 44 deputy, wildlife enforcement agency, county or state correctional offi- 45 cer, fire marshal or commissioned agent of the department of corrections 46 and community supervision, as well as any federal law enforcement offi- 47 cer or employee, whose permanent duties include making arrests, perform- 48 ing search and seizures, execution of criminal arrest warrants, 49 execution of civil seizure warrants, any civil functions performed by 50 sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or 51 the care, custody, control or supervision of incarcerated individuals. 52 Harassment of a law enforcement officer or a member of the officer's 53 family in the second degree is a class B misdemeanor. 54 § 2. This act shall take effect immediately.