N.Y. Penal Law § 120.55: Stalking in the second degree

§ 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, shuriken,

throwing 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.