New York Stalking and Harassment Offenses

Under Penal Law §§120.45–120.60, stalking is divided into four degrees:

• 4th Degree Stalking (§120.45): Repeated conduct causing reasonable fear of material harm (Class B misdemeanor)
• 3rd Degree (§120.50): 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 include:

• 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
• Creating fake online profiles using someone’s identity

For a conduct to qualify as criminal stalking or harassment in New York:

• It must be non-consensual and unwanted by the recipient
• It must be repeated (more than once) or part of a 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 intent to harass, annoy, threaten, or alarm, especially where it violates an existing protection order.

New York courts consider context. Legitimate reasons for contact—such as debt settlement, co-parenting, or property return—may not qualify as stalking, provided the tone and frequency are proportionate.

However, if these interactions involve threats, coercion, or persist after objections, they may cross into criminal territory.

Judges may also impose protection orders, mandatory counseling, and no-contact provisions even after sentencing.

Several legal frameworks intersect in stalking cases:

• Criminal Procedure Law §530.12 – Orders of protection in criminal court
• Family Court Act Article 8 – Civil protection orders for family-related stalking
• Civil Rights Law §50-c – Protection from discriminatory harassment
• Cybercrime statutes – Penal Law §156 and §250 for digital surveillance and data breaches

Victims may access multiple forms of support:

• Petitioning for criminal or civil protection orders
• Filing for workplace leave under NYC’s Safe Leave Act
• Pursuing restitution and emotional distress claims in civil court
• Access to victim support programs including legal aid, therapy, and temporary shelter

Law enforcement may intervene more swiftly if a pattern of conduct is well-documented.

Effective defenses may include:

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

Where applicable, showing voluntary cessation of contact and willingness to comply with boundaries can mitigate legal exposure.

To build a strong case, victims should gather:

• Timestamped call logs and message screenshots
• Surveillance footage (e.g., doorbell cameras, business CCTV)
• Therapist or psychiatrist reports on mental harm caused
• Documentation of prior protection orders or reports to police

Such evidence is especially powerful when organized chronologically to show escalation or persistence.