Stalking and Harassment

Under Penal Law $120.45–120.60, stalking is divided into four degrees, with penalties escalating based on the severity and context of the offense. These statutes criminalize a pattern of conduct that infringes upon a person's safety and peace of mind.

4th Degree Stalking ($120.45): Repeated conduct causing reasonable fear of material harm (Class B misdemeanor)

3rd Degree ($S120.50): Same conduct with a prior stalking conviction or victim under 14 years (Class A misdemeanor)

2nd Degree ($120.55): Includes threats, weapon possession, or violation of a court order (Class E felony)

1st Degree ($120.60): Repeated conduct causing injury or combined with other felonies (Class D felony)

Meanwhile, harassment-related offenses under $240.26–240.31 encompass a broader range of offensive behaviors. This category includes acts that cause significant distress and invasion of privacy, classifying them as criminal harassment.

Unwanted communication, surveillance, or physical following

Repeated messages by phone, text, email, or social media

Appearing at someone’s workplace, home, or school without consent

Sending unrequested gifts or items

Threatening to distribute personal or intimate information

For a conduct to qualify as criminal stalking or harassment in New York, the prosecution must successfully demonstrate that specific legal thresholds have been met, proving the actions were both harmful and without legitimate excuse. These core requirements establish a foundation for charging a suspect with a stalking or harassment crime.

• It must be "non-consensual" and "unwanted" by the recipient.
• It must be "repeated" (more than once) or part of a consistent pattern.
• The victim must have "reasonable fear" for safety or suffer significant emotional harm.
• There must be "no legitimate purpose" for the contact.

For aggravated harassment ($240.30), the conduct may also involve communication made with a clear intent to harass, annoy, threaten, or alarm, especially where the behavior violates an existing judicial protection order against harassment.

The legal consequences for stalking and harassment in New York range from minor violations to serious felonies, with maximum sentences reflecting the classification of the offense. Beyond incarceration, judges also have the authority to impose protection orders, mandatory counseling, and no-contact provisions, which continue even after the sentence for the initial stalking or harassment charge has been served.

Victims of stalking and harassment in New York have access to a variety of legal and support mechanisms intended to ensure their safety and aid in their recovery. Law enforcement and courts are more likely to intervene swiftly and effectively when a clear and well-documented pattern of stalking or harassment conduct is presented.

Victims may access multiple forms of support through the legal system:

• Petitioning for criminal or civil protection orders to legally restrict the offender.
• Filing for workplace leave under NYC’s Safe Leave Act if the harassment affects employment.
• Pursuing restitution and emotional distress claims in civil court against the perpetrator of the stalking.
• Access to victim support programs including legal aid, therapy, and temporary shelter.

Effective defense strategies in cases of alleged stalking or harassment often revolve around disproving the essential legal elements of the crime, such as intent or the repetitive nature of the conduct. Successfully presenting one or more of these defenses can significantly mitigate the legal exposure arising from stalking and harassment allegations.

• Evidence showing a "legitimate reason" for contact (e.g., fulfilling a legal obligation).
• Demonstration of a "single, isolated interaction" rather than the repeated acts required for a pattern of stalking.
• Proof that the victim "did not object or previously consented" to the contact.
• Absence of any demonstrable "intent to harass or threaten."

To build a strong and compelling case against an offender, victims of stalking and harassment should meticulously gather and preserve all relevant evidence of the unwanted conduct. Such evidence is especially powerful when organized chronologically to demonstrate the escalation, persistence, and continuous nature of the stalking or harassment over time.

• Timestamped call logs and message screenshots detailing all communications.
• Surveillance footage (e.g., doorbell cameras, business CCTV) capturing the physical presence of the harasser.
• Therapist or psychiatrist reports on the mental and emotional harm caused by the stalking or harassment.
• Documentation of any prior protection orders or reports filed with law enforcement.