New York Stalking Laws

Code Section
Penal 240.26, .31; 120.45 to .60

Defined As
Stalking in the 4th degree: intentionally and with no legitimate purpose engages in conduct that s/he knows or should reasonably know: will cause reasonable fear of material harm to victim or member of victim’s immediate family or causes material harm to mental or emotional health of victim or member of victim’s immediate family or causes a reasonable fear that victim’s employment or business is threatened; 3rd degree: Same as 4th degree when: 3 or more victims involved or victim has reasonable fear of physical harm or serious bodily injury; 2nd degree: same as 3rd degree when a weapon is involved in commission or 2nd conviction within 5 yrs. or if victim is 14 or under and actor is 21 or older; 1st degree: same as 3rd or 2nd degree with intentional or reckless physical harm to victim.

Punishment/Classification
4th degree is a Class B misdemeanor. 3rd degree is a Class A misdemeanor. 1st degree is a Class D felony.

Repeat Offense
If within 10 yrs. of prior conviction, stalking in 3rd degree. If within 5 yrs. of prior conviction, 2nd degree stalking

Arrest or Restraining Order Specifically Authorized by Statute?
None

Constitutionally Protected Activities Exempted?
Yes; for harassment does not apply to activities regulated by National Labor Relations Act, Railway Labor Act, or Federal Employment Labor Management Act


Inside New York Stalking Laws