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New York
Stalking
This page lists the most applicable state crimes
addressing stalking. However, depending on the facts of the case, a stalker
might also be charged with other crimes, such as trespassing, intimidation of
a witness, breaking and entering, etc. Check your state code or consult with
your local prosecutor about other charges that might apply in a particular
case.
Harassment
Related Offenses
Analyzing Stalking
Laws
Stalking
*See Legislative Updates for January - March
2010
NY CLS
Penal § 120.40.
Definitions. (1999)
For purposes of sections 120.45,
120.50, 120.55 and 120.60 of this article:
- "Kidnapping" shall mean a
kidnapping crime defined in article one hundred thirty-five of this
chapter.
- "Unlawful imprisonment" shall
mean an unlawful imprisonment felony crime defined in article one hundred
thirty-five of this chapter.
- "Sex offense" shall mean a
felony defined in article one hundred thirty of this chapter, sexual
misconduct, as defined in section 130.20 of this chapter, sexual abuse in
the third degree as defined in section 130.55 of this chapter or sexual
abuse in the second degree as defined in section 130.60 of this
chapter.
- "Immediate family" means the
spouse, former spouse, parent, child, sibling, or any other person who
regularly resides or has regularly resided in the household of a
person.
- "Specified predicate crime"
means:
- a violent felony
offense;
- a crime defined in section
130.20, 130.25, 130.30, 130.40, 130.45, 130.55, 130.60, 130.70 [fig 1] ,
255.25, 255.26 or 255.27;
- assault in the third degree,
as defined in section 120.00; menacing in the first degree, as defined in
section 120.13; menacing in the second degree, as defined in section
120.14; coercion in the first degree, as defined in section 135.65;
coercion in the second degree, as defined in section 135.60; aggravated
harassment in the second degree, as defined in section 240.30; harassment
in the first degree, as defined in section 240.25; menacing in the third
degree, as defined in section 120.15; criminal mischief in the third
degree, as defined in section 145.05; criminal mischief in the second
degree, as defined in section 145.10, criminal mischief in the first
degree, as defined in section 145.12; criminal tampering in the first
degree, as defined in section 145.20; arson in the fourth degree, as
defined in section 150.05; arson in the third degree, as defined in
section 150.10; criminal contempt in the first degree, as defined in
section 215.51; endangering the welfare of a child, as defined in section
260.10; or
- stalking in the fourth
degree, as defined in section 120.45; stalking in the third degree, as
defined in section 120.50; stalking in the second degree, as defined in
section 120.55; or
- an offense in any other
jurisdiction which includes all of the essential elements of any such
crime for which a sentence to a term of imprisonment in excess of one year
or a sentence of death was authorized and is authorized in this state
irrespective of whether such sentence was
imposed.
NY CLS Penal §
120.45.
Stalking in
the fourth degree. (1999)
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:
- is likely to cause reasonable
fear of material harm to the physical health, safety or property of such
person, a member of such person's immediate family or a third party with
whom such person is acquainted; or
- causes material harm to the
mental or emotional health of such person, where such conduct consists of
following, telephoning or initiating communication or contact with such
person, a member of such person's immediate family or a third party with
whom such person is acquainted, and the actor was previously clearly
informed to cease that conduct; or
- is likely to cause such person
to reasonably fear that his or her employment, business or career is
threatened, where such conduct consists of appearing, telephoning or
initiating communication or contact at such person's place of employment or
business, and the actor was previously clearly informed to cease that
conduct.
Stalking in the fourth degree is a class
B misdemeanor.
NY CLS Penal § 120.50. Stalking in the third
degree. (1993)
A person is guilty of stalking
in the third degree when he or she:
- Commits the crime of stalking
in the fourth degree in violation of section 120.45 of this article against
three or more persons, in three or more separate transactions, for which the
actor has not been previously convicted; or
- Commits the crime of stalking
in the fourth degree in violation of section 120.45 of this article against
any person, and has previously been convicted, within the preceding ten
years of a specified predicate crime, as defined in subdivision five of
section 120.40 of this article, and the victim of such specified predicate
crime is the victim, or an immediate family member of the victim, of the
present offense; or
- With intent to harass, annoy
or alarm a specific person, intentionally engages in a course of conduct
directed at such person which is likely to cause such person to reasonably
fear physical injury or serious physical injury, the commission of a sex
offense against, or the kidnapping, unlawful imprisonment or death of such
person or a member of such person's immediate family; or
- Commits the crime of stalking
in the fourth degree and has previously been convicted within the preceding
ten years of stalking
in the fourth degree.
Stalking in the third degree is a class
A misdemeanor.
NY CLS Penal § 120.55. Stalking in the second
degree. (2003)
A person is guilty of stalking
in the second degree when he or she:
- Commits the crime of stalking
in the third degree as defined in subdivision three of section 120.50 of
this article and in the course of and in furtherance of the commission of
such offense: (i) displays, or possesses and threatens the use of, a
firearm, pistol, revolver, rifle, shotgun, machine gun, electronic dart gun,
electronic stun gun, cane sword, billy, blackjack, bludgeon, plastic
knuckles, metal knuckles, chuka stick, sand bag, sandclub, slingshot,
slungshot, shirken, "Kung Fu Star", dagger, dangerous knife, dirk, razor,
stiletto, imitation pistol, dangerous instrument, deadly instrument or
deadly weapon; or (ii) displays what appears to be a pistol, revolver,
rifle, shotgun, machine gun or other firearm; or
- Commits the crime of stalking
in the third degree in violation of subdivision three of section 120.50 of
this article against any person, and has previously been convicted, within
the preceding five years, of a specified predicate crime as defined in
subdivision five of section 120.40 of this article, and the victim of such
specified predicate crime is the victim, or an immediate family member of
the victim, of the present offense; or
- Commits the crime of stalking
in the fourth degree and has previously been convicted of stalking
in the third degree as defined in subdivision four of section 120.50 of this
article against any person; or
- Being twenty-one years of age
or older, repeatedly follows a person under the age of fourteen or engages
in a course of conduct or repeatedly commits acts over a period of time
intentionally placing or attempting to place such person who is under the
age of fourteen in reasonable fear of physical injury, serious physical
injury or death [fig 1]; or
Commits the crime of stalking
in the third degree, as defined in subdivision three of section 120.50 of this
article, against ten or more persons, in ten or more separate transactions,
for which the actor has not been previously convicted.
Stalking
in the second degree is a class E felony.
NY CLS Penal § 120.60. Stalking in the first
degree. (2000)
A person is guilty of stalking
in the first degree when he or she commits the crime of stalking
in the third degree as defined in subdivision three of section 120.50 or stalking
in the second degree as defined in section 120.55 of this article and, in the
course and furtherance thereof, he or she:
- intentionally or recklessly
causes physical injury to [fig 1] the victim of such crime;
or
- commits a class A misdemeanor
defined in article [fig 1] one hundred thirty of this chapter, or a class E
felony defined in [fig 2] section 130.25, 130.40 or 130.85 of this chapter,
or a class D felony [fig 3] defined in section 130.30 or 130.45 of this
chapter.
Stalking in the first degree is a class
D felony.
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Harassment
NY CLS Penal §
240.25.
Harassment
in the first degree. (1999)
A person is guilty of harassment
in the first degree when he or she intentionally and repeatedly harasses
another person by following such person in or about a public place or places
or by engaging in a course of conduct or by repeatedly committing acts which
places such person in reasonable fear of physical injury. This section shall
not apply to activities regulated by the national labor relations act, as
amended, the railway labor act, as amended, or the federal employment labor
management act, as amended.
Harassment
in the first degree is a class B misdemeanor.
NY CLS Penal § 240.26. Harassment in the second
degree. (1994)
A person is guilty of harassment
in the second degree when, with intent to harass, annoy or alarm another
person:
- He or she strikes, shoves,
kicks or otherwise subjects such other person to physical contact, or
attempts or threatens to do the same; or
- He or she follows a person in
or about a public place or places; or
- He or she engages in a course
of conduct or repeatedly commits acts which alarm or seriously annoy such
other person and which serve no legitimate
purpose.
Subdivisions two and three of this section shall not
apply to activities regulated by the national labor relations act, as
amended, the railway labor act, as amended, or the federal employment labor
management act, as amended.
Harassment in the second degree is a
violation.
NY CLS Penal § 240.31. Aggravated
harassment in the first
degree. (2008)
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:
- 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
- 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
- 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; [fig 1]
- Sets on fire a cross in public
view [fig 1]; or
- 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.
NY CLS Penal § 240.30.
Aggravated harassment in the second
degree. (2008)
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:
- Either
(a)
communicates with a person,
anonymously or otherwise, by telephone, [fig 1] by telegraph, or by mail, or
by transmitting or delivering 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, [fig 1] by telegraph, or by mail, or
by transmitting or delivering any other form of written communication, in a
manner likely to cause annoyance or alarm; or
- Makes a telephone call,
whether or not a conversation ensues, with no purpose of legitimate
communication; or
- 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
- 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.
- For the purposes of
subdivision one of this section, "form of written communication" shall
include, but not be limited to, a recording as defined in subdivision six of
section 275.00 of this part.
Aggravated harassment
in the second degree is a class A misdemeanor.
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Related
Offenses
NY CLS Penal § 250.45.
surveillance in the second
degree. (2003)
A person is guilty of unlawful
surveillance in the second degree when:
1.
For
his or her own, or another person's amusement, entertainment, or profit, or
for the purpose of degrading or abusing a person, he or she intentionally uses
or installs, or permits the utilization or installation of an imaging device
to surreptitiously view, broadcast or record a person dressing or undressing
or the sexual or other intimate parts of such person at a place and time when
such person has a reasonable expectation of privacy, without such person's
knowledge or consent [fig 1] ; or
2.
For
his or her own, or another person's sexual arousal or sexual gratification, he
or she intentionally uses or installs, or permits the utilization or
installation of an imaging device to surreptitiously view, broadcast or record
a person dressing or undressing or the sexual or other intimate parts of such
person at a place and time when such person has a reasonable expectation of
privacy, without such person's knowledge or consent [fig 1] ;
or
3.
(a)
For
no legitimate purpose, he or she intentionally uses or installs, or permits
the utilization or installation of an imaging device to surreptitiously view,
broadcast or record a person in a bedroom, changing room, fitting room,
restroom, toilet, bathroom, washroom, shower or any room assigned to guests or
patrons in a motel, hotel or inn, without such person's knowledge or
consent.
(b)
For
the purposes of this subdivision, when a person uses or installs, or permits
the utilization or installation of an imaging device in a bedroom, changing
room, fitting room, restroom, toilet, bathroom, washroom, shower or any room
assigned to guests or patrons in a hotel, motel or inn, there is a rebuttable
presumption that such person did so for no legitimate purpose [fig 1] ;
or
4.
Without the knowledge or consent
of a person, he or she intentionally uses or installs, or permits the
utilization or installation of an imaging device to surreptitiously view,
broadcast or record, under the clothing being worn by such person, the sexual
or other intimate parts of such person.
Unlawful surveillance in the
second degree is a class E felony.
NY CLS Penal § 250.50. Unlawful
surveillance in the first degree. (2003)
A person is guilty of unlawful
surveillance in the first degree when he or she commits the crime of unlawful
surveillance in the second degree and has been previously convicted within the
past ten years of unlawful surveillance in the first or second
degree.
Unlawful surveillance in the first degree is a class D
felony.
NY CLS Penal § 250.55.
Dissemination of an unlawful surveillance image in the second
degree. (2003)
A person is guilty of
dissemination of an unlawful surveillance image in the second degree when he
or she, with knowledge of the unlawful conduct by which an image or images of
the sexual or other intimate parts of another person or persons were obtained
and such unlawful conduct would satisfy the essential elements of the crime of
unlawful surveillance in the first or second degree, intentionally
disseminates such image or images.
Dissemination of an unlawful
surveillance image in the second degree is a class A
misdemeanor.
NY CLS Penal § 250.60.
Dissemination of an unlawful surveillance image in the first
degree. (2003)
A person is guilty of
dissemination of an unlawful surveillance image in the first degree
when:
1.
He or
she, with knowledge of the unlawful conduct by which an image or images of the
sexual or other intimate parts of another person or persons were obtained and
such unlawful conduct would satisfy the essential elements of the crime of
unlawful surveillance in the first or second degree, sells or publishes such
image or images [fig 1] ; or
2.
Having created a surveillance
image in violation of section 250.45 or 250.50 of this article, or in
violation of the law in any other jurisdiction which includes all of the
essential elements of either such crime, or having acted as an accomplice to
such crime, or acting as an agent to the person who committed such crime, he
or she intentionally disseminates such unlawfully created image [fig 1] ;
or
3.
He or
she commits the crime of dissemination of an unlawful surveillance image in
the second degree and has been previously convicted within the past ten years
of dissemination of an unlawful surveillance image in the first or second
degree.
Dissemination of an unlawful
surveillance image in the first degree is a class E felony.
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