N.Y. Penal Law § 120.60: Stalking in the first degree

§ 120.60 Stalking in the first degree.

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

commits the crime of stalking in the third degree as defined in

subdivision three of section 120.50 or stalking in the second degree as

defined in section 120.55 of this article and, in the course and

furtherance thereof, he or she:

1. intentionally or recklessly causes physical injury to the victim of

such crime; or

2. commits a class A misdemeanor defined in article one hundred thirty

of this chapter, or a class E felony defined in section 130.25, former

section 130.40 or section 130.85 of this chapter, or a class D felony

defined in former section 130.45 or section 130.30 of this chapter.

Stalking in the first degree is a class D felony.