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New York · Through 2026-09-11

N.Y. Penal Law § 120.45: Stalking in the fourth degree

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation
  4. Article 120. Assault and Related Offenses

§ 120.45 Stalking in the fourth degree.

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

intentionally, and for no legitimate purpose, engages in a course of

conduct directed at a specific person, and knows or reasonably should

know that such conduct:

1. is likely to cause reasonable fear of material harm to the physical

health, safety or property of such person, a member of such person's

immediate family or a third party with whom such person is acquainted;

or

2. causes material harm to the mental or emotional health of such

person, where such conduct consists of following, telephoning or

initiating communication or contact with such person, a member of such

person's immediate family or a third party with whom such person is

acquainted, and the actor was previously clearly informed to cease that

conduct; or

3. is likely to cause such person to reasonably fear that his or her

employment, business or career is threatened, where such conduct

consists of appearing, telephoning or initiating communication or

contact at such person's place of employment or business, and the actor

was previously clearly informed to cease that conduct.

For the purposes of subdivision two of this section, "following" shall

include the unauthorized tracking of such person's movements or location

through the use of a global positioning system or other device.

Stalking in the fourth degree is a class B misdemeanor.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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