# "Aggressive Harassment?" Get ticket--pay fine--write "fuck your shitty town, bitches"--get arrested? **URL:** \ **Category:** Factual Questions\ **Created:** [June 14, 2013, 11:47pm UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033 "2013-06-14T23:47:12Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [June 14, 2013, 11:47pm UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/1 "2013-06-14T23:47:12Z")
Guy gets ticketed in Liberty NY for speeding. Admits guilt. Sends in ticket and fine from his state, noting “Fuck your shitty town, bitches,” among other comments. [Summoned and cuffed.](http://www.liveleak.com/view?i=9bf_1371246628) What the hell? I’m sure the sentiment under similar circumstances has been thought innumerable times. I kind of applaud the guy. ---
**Author:** ![MostlyUseless](https://avatars.discourse-cdn.com/v4/letter/m/ba8739/32.png) [@MostlyUseless](https://boards.straightdope.com/u/MostlyUseless)\ **Post date:** [June 14, 2013, 11:51pm UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/2 "2013-06-14T23:51:51Z")
Every year, when I do my taxes, I get creative with my profession. Things like fruit fly washer or whorehouse piano player. Additionally, I make any checks out to ‘the damned IRS.’ Never had a problem, complaint, arrest and the checks always get cashed. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [June 15, 2013, 12:52am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/3 "2013-06-15T00:52:09Z")
> [@MostlyUseless](#): > > Additionally, I make any checks out to ‘the damned IRS.’ When I registered for the draft in 1979, I wrote “fuck Jimmy” in the space that says “do not write in this space.” I’m still waiting for the black helicopters. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [June 15, 2013, 12:56am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/4 "2013-06-15T00:56:51Z")
Can’t see how this doesn’t violate the first amendment. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [June 15, 2013, 12:57am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/5 "2013-06-15T00:57:36Z")
Lemme make a speculative WAG: Send in your traffic ticket with payment: You send it to the court, and it gets processed by the court staff. Writing Fuck You on ticket is thus addressed to the court, and is seen as Contempt of Court. Send in your tax return to the IRS with various nasty remarks: Not processed by a court, so not Contempt of Court. The IRS doesn’t care. They just smile at all the squalling children, because they _know_ will always get their way. All they want is your money. Stiff them on that, and you may be hearing from the guys in the black helicopters. Same, probably with any correspondence to your draft board. Now, if it was in the days when there actually was a draft, that might have gotten you a notice that you _really_ wouldn’t have liked. ---
**Author:** ![Washoe](https://avatars.discourse-cdn.com/v4/letter/w/ecae2f/32.png) [@Washoe](https://boards.straightdope.com/u/Washoe)\ **Post date:** [June 15, 2013, 1:03am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/6 "2013-06-15T01:03:44Z")
> [@Senegoid](#): > > Now, if it was in the days when there actually was a draft, that might have gotten you a notice that you _really_ wouldn’t have liked. True dat. ---
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [June 15, 2013, 1:06am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/7 "2013-06-15T01:06:32Z")
Has anyone heard of the crime “aggressive harassment?” ---
**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\ **Post date:** [June 15, 2013, 1:50am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/8 "2013-06-15T01:50:44Z")
Not before this, but upon a Google search, I find that it is indeed a thing. ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [June 15, 2013, 2:01am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/9 "2013-06-15T02:01:14Z")
> [@Leo\_Bloom](#): > > Has anyone heard of the crime “aggressive harassment?” No. But Mr Barboza was charged with “aggravated harassment.” According to the article linked in the OP: > [@](#): > > The statute of “aggravated harassment” states that it is a misdemeanor to act “with intent to harass, annoy, threaten or alarm” someone “anonymously or otherwise, by telephone, be telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm.” ---
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [June 15, 2013, 3:24am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/10 "2013-06-15T03:24:32Z")
Yes, “aggravated” harassment. Stupid mistake. [In the First Degree.](http://law.onecle.com/new-york/penal/PEN0240.31_240.31.html) (Complete text in Spoiler below.) [In the Second.](http://law.onecle.com/new-york/penal/PEN0240.30_240.30.html) Includes hang-up calls. Apparently publicly burning a cross, hanging a noose, or drawing, etching, etc. a swastica is illegal period. But I, who ANAL, can’t see why you wouldn’t be in the clear for flipping off the government (police excepted, due to some other laws), since it is applicable only with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct […] [spoiler] Penal § 240.31 Aggravated harassment in the first degree. A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she: 1. Damages premises primarily used for religious purposes, or acquired pursuant to section six of the religious corporation law and maintained for purposes of religious instruction, and the damage to the premises exceeds fifty dollars; or 2. Commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30 or he or she has been previously convicted of the crime of aggravated harassment in the first degree within the preceding ten years; or 3. Etches, paints, draws upon or otherwise places a swastika, commonly exhibited as the emblem of Nazi Germany, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property; 4. Sets on fire a cross in public view; or 5. Etches, paints, draws upon or otherwise places or displays a noose, commonly exhibited as a symbol of racism and intimidation, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property. Aggravated harassment in the first degree is a class E felony.[/spoiler] ---
**Author:** ![Ranger\_Jeff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ranger_jeff/32/2065_2.png) [@Ranger\_Jeff](https://boards.straightdope.com/u/Ranger_Jeff)\ **Post date:** [June 15, 2013, 3:46am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/11 "2013-06-15T03:46:04Z")
> [@Senegoid](#): > > Same, probably with any correspondence to your draft board. Now, if it was in the days when there actually was a draft, that might have gotten you a notice that you _really_ wouldn’t have liked. They sent me to Viet Nam. What the hell else could they do to me? ---
**Author:** ![njtt](https://avatars.discourse-cdn.com/v4/letter/n/ecd19e/32.png) [@njtt](https://boards.straightdope.com/u/njtt)\ **Post date:** [June 15, 2013, 4:05am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/12 "2013-06-15T04:05:10Z")
> [@Leo\_Bloom](#): > > Yes, “aggravated” harassment. Stupid mistake. > > [In the First Degree.](http://law.onecle.com/new-york/penal/PEN0240.31_240.31.html) (Complete text in Spoiler below.) > [In the Second.](http://law.onecle.com/new-york/penal/PEN0240.30_240.30.html) > > Includes hang-up calls. Apparently publicly burning a cross, hanging a noose, or drawing, etching, etc. a swastica is illegal period. > > But I, who ANAL, can’t see why you wouldn’t be in the clear for flipping off the government (police excepted, due to some other laws), since it is applicable only > > with intent to harass, annoy, threaten or alarm another person, because > of a belief or perception regarding such person’s race, color, national > origin, ancestry, **gender** , religion, religious practice, age, disability > or sexual orientation, regardless of whether the belief or perception is > correct […] > > [spoiler] > > Penal > > § 240.31 Aggravated harassment in the first degree. > A person is guilty of aggravated harassment in the first degree when > with intent to harass, annoy, threaten or alarm another person, because > of a belief or perception regarding such person’s race, color, national > origin, ancestry, gender, religion, religious practice, age, disability > or sexual orientation, regardless of whether the belief or perception is > correct, he or she: > 1. Damages premises primarily used for religious purposes, or acquired > pursuant to section six of the religious corporation law and maintained > for purposes of religious instruction, and the damage to the premises > exceeds fifty dollars; or > 2. Commits the crime of aggravated harassment in the second degree in > the manner proscribed by the provisions of subdivision three of section > 240.30 of this article and has been previously convicted of the crime of > aggravated harassment in the second degree for the commission of conduct > proscribed by the provisions of subdivision three of section 240.30 or > he or she has been previously convicted of the crime of aggravated > harassment in the first degree within the preceding ten years; or > 3. Etches, paints, draws upon or otherwise places a swastika, commonly > exhibited as the emblem of Nazi Germany, on any building or other real > property, public or private, owned by any person, firm or corporation or > any public agency or instrumentality, without express permission of the > owner or operator of such building or real property; > 4. Sets on fire a cross in public view; or > 5. Etches, paints, draws upon or otherwise places or displays a noose, > commonly exhibited as a symbol of racism and intimidation, on any > building or other real property, public or private, owned by any person, > firm or corporation or any public agency or instrumentality, without > express permission of the owner or operator of such building or real > property. > Aggravated harassment in the first degree is a class E felony.[/spoiler] “Bitches” is generally considered a gender-based insult, and at least one female employee was probably involved in processing the payment. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [June 15, 2013, 4:19am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/13 "2013-06-15T04:19:22Z")
The offense can be fit into the statute’s prohibitions, but the statute itself appears to reach conduct protected by the First Amendment. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [June 15, 2013, 1:36pm UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/14 "2013-06-15T13:36:21Z")
> [@Bricker](#): > > The offense can be fit into the statute’s prohibitions, but the statute itself appears to reach conduct protected by the First Amendment. Would have made more legal sense to charge him with indirect contempt for a contumacious act, even that would not hold up, IMO. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [June 15, 2013, 1:59pm UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/15 "2013-06-15T13:59:16Z")
Village of Liberty. Town named ironically? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [June 17, 2013, 3:00am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/16 "2013-06-17T03:00:30Z")
I’ll bet that 20% of the posts on the SDMB are in violation of that statute if read by a poster in New York. ---
**Author:** ![Jeff\_Lichtman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jeff_lichtman/32/1531_2.png) [@Jeff\_Lichtman](https://boards.straightdope.com/u/Jeff_Lichtman)\ **Post date:** [June 17, 2013, 5:35am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/17 "2013-06-17T05:35:58Z")
Apart from the legal questions, having this guy arrested over an insult seems incredibly petty. I think it’s an abuse of power. One of the things you’re supposed to learn by the time you reach adulthood is that it’s not necessary to respond to every insult. They should have just deposited the check and let it go. ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [June 17, 2013, 11:55am UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/18 "2013-06-17T11:55:03Z")
> [@Leo\_Bloom](#): > > I’m sure the sentiment under similar circumstances has been thought innumerable times. I kind of applaud the guy. A driver travels at excessive speeds on city streets, the city calls him on it, he gets angry - and you _applaud_ his conduct? :dubious: Do you have some information that was not presented in that article (like was he maybe 1 MPH over the limit when he was ticketed), or are you just reflexively supportive of people who rebel against authority, whether it’s justifiable or not? ---
**Author:** ![Darth\_Panda](https://avatars.discourse-cdn.com/v4/letter/d/ee7513/32.png) [@Darth\_Panda](https://boards.straightdope.com/u/Darth_Panda)\ **Post date:** [June 17, 2013, 12:48pm UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/19 "2013-06-17T12:48:48Z")
> [@MostlyUseless](#): > > Every year, when I do my taxes, I get creative with my profession. Things like fruit fly washer or whorehouse piano player. Additionally, I make any checks out to ‘the damned IRS.’ Never had a problem, complaint, arrest and the checks always get cashed. That’s more like passive aggressive harassment. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [June 17, 2013, 12:56pm UTC](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033/20 "2013-06-17T12:56:40Z")
> [@jtgain](#): > > I’ll bet that 20% of the posts on the SDMB are in violation of that statute if read by a poster in New York. Look at your own state’s harassment statute. I bet its worded in a similar fashion. [Next page](https://boards.straightdope.com/t/aggressive-harassment-get-ticket-pay-fine-write-fuck-your-shitty-town-bitches-get-arrested/661033.md?page=2)