Criminal contempt in the second degree is a Class A misdemeanor under New York Penal Law § 215.50 that punishes intentionally disobeying a court order, disrupting court proceedings, or otherwise defying a court’s authority.1New York State Senate. New York Penal Law PEN 215.50 – Criminal Contempt in the Second Degree A conviction can bring up to 364 days in jail, a fine of up to $1,000, or both. In practice, the charge turns up most often when someone violates an order of protection, ignores a subpoena, or causes a scene in a courtroom.
What Conduct the Statute Covers
Section 215.50 lists seven categories of behavior, and each one requires that you acted intentionally rather than by accident or confusion.1New York State Senate. New York Penal Law PEN 215.50 – Criminal Contempt in the Second Degree
- Acting in a disorderly or disrespectful way during a court session, in the judge’s direct view, that interrupts proceedings or undermines the court’s authority.
- Creating noise or any other disturbance that tends to interrupt a court in session, even from outside the courtroom.
- Intentionally refusing to obey a lawful court order, subpoena, or directive. A statutory exception exists for labor disputes as defined by the Judiciary Law.
- Refusing to be sworn in as a witness, or refusing to answer proper questions after being sworn.
- Knowingly publishing a false or grossly inaccurate report of a court’s proceedings.
- Failing to obey a juror-related notice or order issued under the Judiciary Law, including refusing to be sworn for jury service.
- Shouting, displaying signs, or handing out written material on a public street or sidewalk within 200 feet of a courthouse about an ongoing trial, particularly when demanding a specific outcome.
The third category does most of the work. Orders of protection in domestic violence and family court cases are the single most common trigger for a second-degree contempt charge. A judge directs someone to stay away from or stop contacting another person, and any text, call, or appearance at the protected person’s home can support a charge under subdivision 3. The contact does not have to be threatening. A friendly message still violates a full stay-away order.
Refusing to testify or produce documents is the next most common path to a charge. Ignoring a subpoena to appear at a deposition or trial counts, and so does taking the stand and then refusing to answer legally proper questions. Courtroom disruptions sit in their own category because the judge sees the conduct firsthand and can hold you in contempt on the spot, without a separate hearing.
When the Charge Becomes a Felony
If you are facing a second-degree charge, know where the line to first-degree sits, because the same underlying conduct can cross it. First-degree criminal contempt under Penal Law § 215.51 is a Class E felony carrying up to four years in state prison.2New York State Senate. New York Penal Law PEN 215.51 – Criminal Contempt in the First Degree Conduct gets elevated in a few defined situations:
- Refusing to testify or answer questions before a grand jury, rather than a regular court proceeding.
- Violating an order of protection by threatening, stalking, repeatedly contacting, or physically touching the protected person.
- Violating a stay-away provision when you already have a contempt conviction within the past five years.
- Intentionally damaging the protected person’s property by more than $250 while violating an order of protection.
Second-degree contempt covers the baseline act of disobedience; first-degree targets the most dangerous and repetitive violations, especially those tied to orders of protection.2New York State Senate. New York Penal Law PEN 215.51 – Criminal Contempt in the First Degree Additional aggressive or threatening conduct toward a protected person can push a misdemeanor case into felony territory quickly.
Penalties for a Conviction
The maximum jail sentence is 364 days.3New York State Senate. New York Penal Law PEN 70.15 – Sentences of Imprisonment for Misdemeanors and Certain Felonies New York set that cap at 364 rather than 365 days to reduce immigration consequences for noncitizens, because federal immigration law treats a sentence of one year or more as an aggravating factor. The one-day difference can be the line between deportation and remaining in the country.
A court can also impose a fine of up to $1,000.4New York State Senate. New York Penal Law PEN 80.05 – Fines for Misdemeanors and Violations Instead of or alongside jail, the judge may impose probation of two or three years, which requires you to comply with conditions such as staying away from the protected person, attending counseling, or reporting to a probation officer.5New York State Senate. New York Penal Law PEN 65.00 – Sentence of Probation A conditional discharge is another option; it lasts up to one year for a misdemeanor and sets conditions without active probation supervision.6New York State Senate. New York Penal Law PEN 65.05 – Sentence of Conditional Discharge Conditional discharges are more likely for relatively minor conduct and a clean record.
A conviction leaves a permanent misdemeanor criminal record that can affect employment, housing, professional licensing, and immigration status. If you are already on probation or parole for another offense, a contempt conviction can trigger additional consequences in that earlier case.
What the Prosecution Has to Prove
Because the statute requires intentional disobedience, the prosecution must show you knew about the court order and deliberately chose to violate it. If you were never properly served and genuinely did not know the order existed, that goes to the heart of the charge. Courts do accept actual knowledge as a substitute for formal service in some situations, especially when you were physically in the courtroom when the judge issued the order.2New York State Senate. New York Penal Law PEN 215.51 – Criminal Contempt in the First Degree
The evidence matters as much as the legal theory. In order-of-protection cases, prosecutors typically rely on text messages, call logs, security camera footage, or GPS data. If the only evidence is the protected person’s word against yours, the case is harder to prove, though not impossible.
Contact initiated by the protected person is a common complication. An order of protection binds the person it is issued against, not the person it protects. If the protected party calls you and you answer, you are technically the one in violation, even though they reached out first. This is not a formal statutory defense, but it can be relevant to how a case is handled. The safer course is to document any unwanted contact from the protected person and bring it to an attorney rather than responding.