How is what he did either aggravated harassment or criminal mischeif? Not only is such prosecution unconstitutional, it is not even supported by law. This guy should seriously threaten New York with a major civil suit.
Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same 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; or
4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.
Or Criminal Mischeif?
Section 145.00 Criminal mischief in the fourth degree
A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he has such right, he:
1. Intentionally damages property of another person; or
2. Intentionally participates in the destruction of an abandoned building as defined in section one thousand nine hundred seventy-one-a of the real property actions and proceedings law; or
3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars.
Criminal mischief in the fourth degree is a class A misdemeanor.
Section 145.05 Criminal mischief in the third degree
A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, hr or she:
1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or
2. damages property of another person in an amount exceeding two hundred fifty dollars.
Criminal mischief in the third degree is a class E felony.
Section 145.10 Criminal mischief in the second degree
A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.
Criminal mischief in the second degree is a class D felony.
Section 145.12 Criminal mischief in the first degree
A person is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.
Criminal mischief in the first degree is a class B felony.
The Holy Koran (or the plumbing corrupted by contact therewith) is priceless and belongs to the umma under sharia law, and flushing it down the toilet mechanically causes the initiation of a communication to the sewerage authorities likely to annoy or alarm any Muslims among them. Remember that sharia law applies universally regarding the Holy Koran. This action compares analogously to the deadly odious cartoons of the Prophet Muhamamd—Peace be upon him.
I got no sympathy for this guy.
He stole a consecrated prayer book owned by a religious authority from a publicly designated prayer area (and probably a consecrated area) with express intent to destroy/deface the stolen property.
Some scumbag stole the Torah from a local synagogue when I was a kid, and partially destroyed it while transporting it. When it was recovered the criminals were handed the maximum sentence possible...
Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or ....
...
that is a clearly defined law, and he clearly broke the law.
...
HE DID NOT OWN THE PRAYER BOOK! HE STOLE IT... further, I’ve read reports where it wasn’t a mass production Koran, but a special print that had significant value enough to cross over the $2000 threshold, if this is true about pricing remains to be seen...
Section 145.00 Criminal mischief in the fourth degree
A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he has such right, he:
1. Intentionally damages property of another person;
3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars.
...
Clearly defined, and clearly broken if the surveillance photos hold up in court.
It would be memorable if this guy uses the old NY State Supreme Court ruling that Islam is a banned cult in the state of NY, as his defense.