Stalking Laws in New York State
- New York stalking laws were enacted in 1999 in response to the growing violence against women movement. Legal and victim advocates recognized the fear of intimidation and the escalation of danger for women, especially among intimate partners and domestic violence situations. The new stalking laws were intended to give victims, law enforcement and the courts another tool for protection and prevention.
- New York's Penal Code contains four counts, or degrees, of stalking, each describing the specific intent, behavior and punishments associated with stalking. The legal premise underlying all four counts is the intentional, and with no legitimate purpose, conduct that is likely to cause reasonable fear of harm---physical and/or emotional--to the intended victim and/or those associated to the victim, such as family, friends and coworkers. While the first count, or stalking in the fourth degree, requires only that the victim has informed the stalker of unwanted contact, the remaining counts address persistent repeated contact.
- The four degrees of stalking state specific actions that constitute the act of stalking: such as, initiating communication or contact, which is in person, by telephone or computer at the place of employment; after being informed to stop; causing fear with a weapon, or the threat of sexual assault, kidnapping, or death; displays or possesses and threatens the use of a deadly weapon, or even what appears to be such a weapon.
- Stalking in the first degree, a class E felony, includes the age of the victim; it involves anyone older than the age of 21 who repeatedly follows a minor younger than the age of 14, or repeatedly places that minor in fear of physical injury or death.
- The punishments associated with New York's stalking laws range from a serious misdemeanor to a lesser felony. A serious misdemeanor--Class B or A--is punishable for up to six to 12 months of confinement and/or a fine. A lesser felony--Class D or E--is punishable for up to four years of probation or up to seven years of confinement. If the stalking law defines behavior that involves other victims, a place of work or weapons, additional charges and punishments may apply.
