What's happening
This bill increases the penalty for aggravated criminal contempt related to violating orders of protection from a class D to a class C felony.
Why it matters
Raises the seriousness of violating orders of protection. By increasing aggravated criminal contempt from a class D to a class C felony, the law treats violations—especially those involving injury or repeat offenses—with greater severity, signaling stronger legal protection for victims.
Potentially longer prison sentences and higher stakes for offenders. Class C felonies in New York carry longer possible prison terms and more significant collateral consequences than class D felonies, which may act as a stronger deterrent for repeat or violent offenders.
May influence plea bargaining and prosecutorial decisions. With the heightened charge, prosecutors may have more leverage in plea negotiations, and defense strategies may shift due to the increased risk for those accused.
Reflects evolving attitudes toward domestic violence and related crimes. The amendment underscores a legislative prioritization of victim safety and a societal recognition of the gravity of violating court orders in domestic or family contexts.
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Who cares
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Increase Penalties for Repeat Violators
Plain English, a few words. Used as the page title.
Sponsors
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History
- Held for consideration in codes
- Reference changed to codes
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Penalties for Repeat Offenders
In Assembly Committee · Codes · Sponsor Jesse Hamilton
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4621
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Children and Families
AN ACT to amend the penal law, in relation to enhancing the penalties for violations of orders of protection
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 215.52 of the penal law, as amended by chapter 350 of the laws of 2006, is amended to read as follows: § 215.52 Aggravated criminal contempt.
A person is guilty of aggravated criminal contempt when:
1. 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 another state, territorial or tribal jurisdiction, he or she intentionally or recklessly causes physical injury or serious physical injury to a person for whose protection such order was issued; or
2. he or she commits the crime of criminal contempt in the first degree as defined in subdivision (b) or (d) of section 215.51 of this article and has been previously convicted of the crime of aggravated criminal contempt; or
3. he or she commits the crime of criminal contempt in the first degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdivision (b) or subdivision (c) of section 215.51 of this article, and has been previously convicted of the crime of criminal contempt in the first degree, as defined in such subdivision (b), (c) or (d) of section 215.51 of this article, within the preceding five years.
Aggravated criminal contempt is a class [D] C felony.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00695-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.