Lawyers Manual - Unified Court System

Crimes of Stalking
Taking Stalking Seriously 195
The basic elements of each can be summarized as follows:
Stalking in the Fourth Degree
Stalking in the Fourth Degree (Penal Law § 120.45) is divided into three
subsections and describes three separate crimes. All of the subsections prohibit
a person from (a) intentionally engaging in (b) a course of conduct (c) for no
legitimate purpose (d) directed at a specific person when he or she knows — or
reasonably should know — that the conduct is likely to cause the targeted
person to fear harm. 8
The first subsection of stalking in the fourth degree has the most general
language and defines and prohibits stalking without enumerating individual
types of actionable stalking behavior. In addition, unlike the other two subsections,
this subsection does not specifically require that the defendant previously be
warned to cease his or her conduct. 9 Subsection two covers conduct such as
“telephoning or initiating contact with victim, victim’s immediate family or
victim’s acquaintances” when the defendant knows or reasonably should know
that the conduct would cause material harm to the mental or emotional health of
the targeted person. 10 Subsection three focuses on stalking in the workplace. 11
Stalking in the Fourth Degree is a Class B Misdemeanor.
Stalking in the Third Degree
Stalking in the Third Degree (Penal Law § 120.50) makes it a crime to,
among other things, engage in an intentional course of conduct directed at a
victim with the intent to harass, annoy, or alarm the victim, when the conduct
is likely to cause the victim to fear physical injury or other serious harms, either
to herself or to the members of her immediate family. 12 Stalking in the Third
Degree is a Class A Misdemeanor.
Stalking in the Second Degree
Stalking in the Second Degree (Penal Law § 120.55) is a Class E felony and
covers, among other things, stalkers of children and stalkers who display,
possess and threaten the use of dangerous weapons. 13
Stalking in the First Degree
Stalking in the First Degree (Penal Law § 120.60) is a Class D felony and
covers stalkers who, in the commission of Stalking in the Second Degree or
Stalking in the Third Degree, intentionally or recklessly cause physical injury to
the victim or commit a specified sex offense. 14