FROM THE DEFENSE DESK / NEW YORK PENAL LAW
5 AUG 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: NEW YORK PENAL LAW
DOCKET NO. 199 · THE DEFENSE DESK
NY Penal Law § 120.50: Stalking in the third degree.
Learn about NY Penal Law § 120.50 – stalking in the third degree in New York. Discover the legal definition, examples, elements required for prosecution, related offenses, possible legal defenses, and potential penalties including jail, fines, and probation. Essential information for those facing or seeking to understand New York stalking charges.
Todd A. Spodek
MANAGING PARTNER · 5 AUG 2026 · 1 MIN READ
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Last Updated on: 5th August 2026, 06:08 pm
NY Penal Law § 120.50: Stalking in the third degree According to New York law, the act of stalking goes further than merely annoying another person. It entails repeated, unwanted behavior that appears obsessive toward another individual. As a result of such behavior, that individual feels emotionally, mentally or physically threatened. As a behavior, stalking can include a variety of actions such as tailing, tracking using GPS, telephoning, emailing, and texting. It can also involve showing up at a person's place of employment, or sending someone messages through another person. It is a crime that is common related to domestic violence issues. Stalking in the third degree is one of the two stalking charges in the criminal code that are misdemeanors. You will be charged with stalking in the third degree under New York Penal Code § 120.50 if you do any of the following:- Repeatedly tail, track or communicate with another individual in a manner that makes that person believe that you might physically harm that person, harm that person's loved ones or damage that person's property, or
- Appear unexpectedly and without invitation at another's job or business, or communicate with that individual at his or her job or business such that you put his or her job, business or career in peril
- You stalk 3 or more different individuals on in least 3 separate events; or
- Within the prior 10 years, you have been convicted of one of several predicate crimes indicated in the criminal code, and the present stalking victim and the predicate crime victim were the same or the predicate crime victim was a member of the present stalking victim's family; or
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