New York Laws
Article 120 - Assault and Related Offenses
120.55 - Stalking in the Second Degree.


A person is guilty of stalking in the second degree when he or she:

1. Commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 of this article and in the course of
and in furtherance of the commission of such offense: (i) displays, or
possesses and threatens the use of, a firearm, pistol, revolver, rifle,
shotgun, machine gun, electronic dart gun, electronic stun gun, cane
sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles,
chuka stick, sand bag, sandclub, slingshot, slungshot, shirken, "Kung Fu
Star", dagger, dangerous knife, dirk, razor, stiletto, imitation pistol,
dangerous instrument, deadly instrument or deadly weapon; or (ii)
displays what appears to be a pistol, revolver, rifle, shotgun, machine
gun or other firearm; or

2. Commits the crime of stalking in the third degree in violation of
subdivision three of section 120.50 of this article against any person,
and has previously been convicted, within the preceding five years, of a
specified predicate crime as defined in subdivision five of section
120.40 of this article, and the victim of such specified predicate crime
is the victim, or an immediate family member of the victim, of the
present offense; or

3. Commits the crime of stalking in the fourth degree and has
previously been convicted of stalking in the third degree as defined in
subdivision four of section 120.50 of this article against any person;
or

4. Being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or
repeatedly commits acts over a period of time intentionally placing or
attempting to place such person who is under the age of fourteen in
reasonable fear of physical injury, serious physical injury or death; or

5. Commits the crime of stalking in the third degree, as defined in
subdivision three of section 120.50 of this article, against ten or more
persons, in ten or more separate transactions, for which the actor has
not been previously convicted.

Stalking in the second degree is a class E felony.

Structure New York Laws

New York Laws

PEN - Penal

Part 3 - Specific Offenses

Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article 120 - Assault and Related Offenses

120.00 - Assault in the Third Degree.

120.01 - Reckless Assault of a Child by a Child Day Care Provider.

120.02 - Reckless Assault of a Child.

120.03 - Vehicular Assault in the Second Degree.

120.04 - Vehicular Assault in the First Degree.

120.04-A - Aggravated Vehicular Assault.

120.05 - Assault in the Second Degree.

120.06 - Gang Assault in the Second Degree.

120.07 - Gang Assault in the First Degree.

120.08 - Assault on a Peace Officer, Police Officer, Firefighter or Emergency Medical Services Professional.

120.09 - Assault on a Judge.

120.10 - Assault in the First Degree.

120.11 - Aggravated Assault Upon a Police Officer or a Peace Officer.

120.12 - Aggravated Assault Upon a Person Less Than Eleven Years Old.

120.13 - Menacing in the First Degree.

120.14 - Menacing in the Second Degree.

120.15 - Menacing in the Third Degree.

120.16 - Hazing in the First Degree.

120.17 - Hazing in the Second Degree.

120.18 - Menacing a Police Officer or Peace Officer.

120.20 - Reckless Endangerment in the Second Degree.

120.25 - Reckless Endangerment in the First Degree.

120.30 - Promoting a Suicide Attempt.

120.35 - Promoting a Suicide Attempt; When Punishable as Attempt to Commit Murder.

120.40 - Definitions.

120.45 - Stalking in the Fourth Degree.

120.50 - Stalking in the Third Degree.

120.55 - Stalking in the Second Degree.

120.60 - Stalking in the First Degree.

120.70 - Luring a Child.