1. What Is Stalking and When Should I Report It in New York?
Stalking occurs when someone engages in a pattern of conduct intended to cause you fear for your safety or the safety of others. New York law recognizes stalking in the first degree under § 120.60, which involves intentional conduct that places you in reasonable apprehension of bodily injury. You should report stalking immediately if you experience repeated unwanted contact, threats, surveillance, or any behavior that makes you feel unsafe.
Understanding Stalking Behavior
Stalking behaviors include following you, sending threatening messages, showing up at your home or workplace, damaging your property, or making repeated unwanted contact. The behavior must form a pattern, meaning it happens more than once and is directed at you specifically. Common signs of stalking include unexpected visits, excessive phone calls or texts, monitoring your social media, or having someone watch your movements.
When to Contact Law Enforcement
Contact law enforcement immediately if you feel threatened or unsafe. You do not need to wait for physical contact to occur before reporting. If you believe someone is stalking you, call 911 if you are in immediate danger, or contact your local police precinct to file a report. Document all incidents with dates, times, and details to provide to authorities when you report stalking.
2. How Can I Report Stalking in New York?
Reporting stalking involves contacting law enforcement and providing detailed information about the behavior you have experienced. The process begins with filing a police report at your local precinct or by calling 911 in emergencies. You can also seek protective orders through the court system to legally prevent the stalker from contacting or approaching you.
Filing a Police Report
Visit your local police precinct or call the non-emergency line to file a report. Bring documentation of all incidents, including dates, times, locations, and descriptions of what occurred. Provide any evidence such as messages, emails, photos, or witness statements. The police will create an incident report and begin an investigation if the behavior meets the legal definition of stalking under New York law.
Obtaining Protective Orders
After reporting stalking, you can request an order of protection from the court. This legal document prohibits the stalker from contacting, threatening, or approaching you. You can obtain an order of protection by filing a petition in family court or criminal court. The court will hold a hearing where you present evidence of the stalking behavior, and the judge will decide whether to issue an order of protection.
3. What Legal Protections Are Available When I Report Stalking?
New York law provides multiple protections for stalking victims, including criminal charges against the stalker and civil remedies such as orders of protection. Understanding these legal options helps you take action to protect yourself. Anti-stalking laws in New York are designed to hold perpetrators accountable and ensure victim safety.
Criminal Charges and Penalties
Stalking in the first degree under § 120.60 is a felony offense in New York. Conviction can result in imprisonment, fines, and a permanent criminal record. The prosecution must prove that the defendant intentionally engaged in conduct that placed you in reasonable apprehension of bodily injury. Additional charges may apply if the stalking involves threats, harassment, or other crimes.
Orders of Protection and Digital Safety
An order of protection is a court-issued document that legally prohibits contact. Violating an order of protection is a criminal offense. Stalking can occur through multiple channels, including in-person contact, phone calls, emails, and social media. Cyberstalking through digital means is also illegal in New York and carries serious penalties. The following table outlines key protections available:
| Protection Type | Description | Duration |
|---|---|---|
| Order of Protection | Court order prohibiting contact and approach | Typically 2 to 5 years |
| Temporary Order | Immediate protection issued without full hearing | Up to 14 days |
| Criminal Prosecution | State charges against the stalker | Ongoing investigation and trial |
| Restraining Order | Civil court order with enforceable terms | Varies by court decision |
4. What Resources and Support Are Available after I Report Stalking?
After you report stalking, numerous resources can help you navigate the legal process and stay safe. Law enforcement agencies, victim advocates, and legal professionals can provide guidance and support. Many organizations offer counseling, safety planning, and assistance with protective orders at no cost to victims.
Support Services and Victim Advocacy
Victim advocacy programs provide free support to stalking victims throughout the legal process. These advocates help you understand your rights, prepare for court, and access community resources. They can also assist with safety planning to reduce your risk of further harm. Contact your local police department or district attorney's office to connect with victim services in your area.
Safety Planning and Next Steps
After reporting stalking, work with law enforcement or victim advocates to create a safety plan. This plan should include ways to avoid the stalker, emergency contacts, and steps to take if you feel threatened. Keep copies of all evidence and documentation in a safe place. Stay informed about the status of your case and any court proceedings. If you need legal representation, consult with an attorney experienced in stalking cases to protect your rights and ensure your safety throughout the process.
10 Feb, 2026
