What Qualifies as Stalking in New York City? Penalties and Defenses

Stalking is defined in New York as intentionally and repeatedly harassing or following someone in a way that would cause a reasonable person to become alarmed or fear for their safety. Stalking behaviors can include unwanted communication, tracking someone's movements, making threats, and more.

What Behaviors Qualify as Stalking?

According to New York penal code §120.45-120.60, stalking involves intentionally and repeatedly:

• Following someone in public places
• Appearing at someone's home, school, or work
• Calling, texting, emailing excessively
• Leaving unwanted items, gifts, or messages
• Threatening physical harm
• Spreading lies or rumors that endanger reputation
• Spying on, surveilling, or tracking someone

Other stalking behaviors include hacking into accounts, manipulating technology to monitor someone, and encouraging third parties to participate in harassment campaigns. The key qualifiers are that the behaviors would cause a reasonable person fear or emotional distress and they are repeated, intentional acts. One-time incidents may not meet the stalking definition.

Stalking Penalties and Charges in New York

Stalking charges in NYC depend on the degree of crime:

• Fourth Degree Stalking - Misdemeanor with up to 1 year in jail
• Third Degree Stalking - Class A misdemeanor with up to 1 year in jail
• Second Degree Stalking - Class E felony with up to 4 years in prison
• First Degree Stalking - Class D violent felony with up to 7 years in prison

Higher stalking degrees involve:

• Prior stalking convictions
• Violation of court orders
• Victim under 16 years old
• Use of weapon
• Partner stalking

Stalking sentences can also include fines up to $5,000 and orders of protection prohibiting contact with the victim. Immigration consequences may also apply for non-citizens.

Defenses Against Stalking Charges

Common stalking defenses in New York include:

• No intent or threat - If actions were unintentional or non-threatening, stalking is not applicable. Must prove intent.
• False allegations - If alleged victim is lying or making false claims, invalidates stalking.
• Free speech - Non-threatening communication may be protected speech, not stalking.
• Mistaken identity - Someone else committed the stalking behaviors.

An experienced criminal defense lawyer can evaluate the available evidence and determine if any defenses apply to fight the charges.

What To Do If You Are a Stalking Victim

If you believe you are being stalked, important steps include:

• Report to police - File a stalking report so there is an official record. Can request restraining order.
• Document evidence - Keep detailed records of stalking incidents and behaviors. Photos, videos, texts can help prove.
• Tell family/friends - Enlist support system to help monitor situation. Extra eyes and ears.
• Consider security - Upgrade home security, cameras, alarm system to deter stalking. Vary daily routines.
• Contact an attorney - Speak with a lawyer to understand rights and civil options, in addition to criminal case.

Stalking can cause lasting trauma and severely impact quality of life. Seek help right away to stop the behaviors and feel safe again. Support services like counseling or support groups can also help process the emotional impact.

Stalking Laws and Penalties Vary By State

While this covers New York City specifically, penalties for stalking, harassment, and related charges differ across states. Be sure to understand the laws where you live or where any relevant incidents occurred. For example, under New Jersey stalking laws, repeatedly following or harassing someone in violation of a restraining order bumps charges up to a third degree crime. And California stalking laws classify most stalking as a wobbler offense, chargeable as misdemeanor or felony. Check state statutes for a full understanding of local stalking and harassment provisions. Penalties issued depend on state laws.

Resources

For more information on stalking laws and defenses in NYC or elsewhere, helpful sites include: Stalking Laws By State Summary New York Stalking Statutes What Can I Do If I'm Being Stalked Video I hope this overview gives you a better understanding of stalking provisions and penalties in NYC. Let me know if you have any other questions!