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There are four degrees of Stalking in
New York |
PL
§ 120.45 Stalking
in the Fourth Degree
Class B Misdemeanor
A person is guilty of stalking in the fourth degree when he or she
intentionally, and for no legitimate purpose, engages in a course of
conduct directed at a specific person, and knows or reasonably should know
that such conduct:
(1) is
likely to cause reasonable fear of material harm to the physical health,
safety or property of such person, a family member, or an acquaintance;
or
(2) causes material harm to the mental or emotional health of the
victim by "following, telephoning or initiating communication or
contact with such person," a family member, or an acquaintance,
and
the actor was previously informed to cease that conduct; or
(3)
is likely to cause the victim to reasonably fear that his or her
employment, business or career is threatened by "appearing,
telephoning or initiating communication or contact" at the victim's
place of employment or business, and the actor was previously informed to
cease that conduct.
PL
§ 120.50 Stalking in
the Third Degree
Class
A Misdemeanor
(1) covers
serial stalker (multiple victims but no prior convictions);
(2) stalker
who has previously been convicted of committing a
specified predicate
crime against the victim or a family member
of the victim;
N.B. The definition of "specified predicate crime" found in
Penal Law § 120.40(5) is complex and includes all violent felonies (see
Penal Law § 70.02[1][a], [b], [c], and [d]), most sex offenses (sexual
misconduct; rape 2 and 3; sodomy 2 and 3; sexual abuse 2 and 3; aggravated
sexual abuse 1; and incest), as well as a litany of other crimes (assault
3; menacing 1, 2 and 3; coercion 1 and 2; aggravated harassment 2; harassment
1; criminal mischief 1, 2 and 3; criminal tampering 1; arson 3 and 4;
criminal contempt 1; and endangering the welfare of a child), stalking 2,
3 and 4, and certain offenses committed in other states (Penal Law § 120.40[5][e]).
(3)
the basic language of the section requires intent to engage in
the conduct, rather than intent to cause the result;
(4)
if actor has a prior fourth-degree stalking conviction, actions
that would otherwise equate to fourth-degree stalking receive the enhanced
charge of third-degree stalking.
PL
§ 120.55 Stalking
in the Second Degree
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E Felony
(1) offender
commits stalking 3 and displays and threatens to
use a deadly weapon, or
displays what appears to be a firearm;
(2) offender
commits stalking 3 and has a prior conviction of
one of the specified
predicate crimes and commits actions that
would otherwise equate to
third-degree stalking;
N.B. The definition of "specified predicate crime" found in
Penal Law § 120.40(5) is complex and includes all violent felonies (see
Penal Law § 70.02[l][a], [b], [c], and [d]), most sex offenses (sexual
misconduct; rape 2 and 3; sodomy 2 and 3; sexual abuse 2 and 3; aggravated
sexual abuse 1; and incest), as well as a litany of other crimes (assault
3; menacing 1, 2 and 3; coercion 1 and 2; aggravated harassment 2;
harassment 1; criminal mischief 1, 2 and 3; criminal tampering 1; arson 3
and 4; criminal contempt 1; and endangering the welfare of a child),
stalking 2, 3 and 4, and certain offenses committed in other states (see
Penal Law § 120.40[5][e])
(3) offender with two prior fourth-degree stalking convictions,
whose current actions equate to third-degree stalking, eligible
for the
enhanced charge of second-degree stalking;
(4)
offender 21 or older - victim under 14 must intentionally
place
or
attempt to place the victim in fear of physical injury, serious
physical
injury or death.
PL
§ 120.60 Stalking in the First Degree -
D Felony/Violent Felony Offense
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If actions equating to third-degree stalking involve a specified sexual offense, first-degree stalking is charged as a D felony;
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If the offender's actions cause physical injury, either intentionally or recklessly, first-degree stalking is charged as a D violent felony offense.
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