NY Penal Law § 120.50: Stalking in the third degree

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:

1. 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
2. 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 

And,

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Legal Scenario: What Would You Do?

Scenario

Your ex-partner has been repeatedly showing up at your workplace, sending you dozens of unwanted text messages daily, and following you home from the grocery store over the past several weeks. You feel increasingly frightened and unsafe, and you're wondering whether their behavior crosses the line from being annoying into criminal stalking under New York law.

Does this pattern of behavior qualify as stalking in the third degree under NY Penal Law § 120.50, and what can I do to protect myself?

Attorney's Answer

Based on what you're describing, this behavior likely meets the elements of stalking in the third degree under NY Penal Law § 120.50, which requires intentional and repeated conduct directed at a specific person that serves no legitimate purpose and causes material harm to that person's mental or emotional health. The key factors here are the pattern of conduct — showing up at your workplace, following you, and sending excessive messages — combined with your reasonable fear for your safety. You should immediately file a police report documenting each incident and seek an order of protection through family or criminal court, which would make any further contact a separate criminal offense. Stalking in the third degree is a class A misdemeanor punishable by up to one year in jail, and if the behavior escalates or violates a protective order, the charges can be elevated to stalking in the second or first degree, which carry felony-level penalties.

This is general information only. Contact us for advice specific to your situation.

1. You stalk 3 or more different individuals on in least 3 separate events; or

1. 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