All You Need to Know About NYC Stalking Laws
Under New York City legislation, an individual is guilty of stalking if they intentionally and repeatedly follow or harass another person and intentionally engage in a course of conduct with the intent to make them fear physical harm; inflict physical harm or serious alarm on the complainant’s personal safety or that of the person’s immediate family.
Under New York City legislation, a person is guilty of stalking when the person intentionally and repeatedly follows, harasses, or engages in a course of conduct directed at another person that places that person in reasonable fear of physical harm; places closer individuals in fear of physical harm; causes the complainant to fear for the safety of themselves or the personal safety of their minor children; inflicts physical harm or causes serious alarm for the physical safety of the complainant.
Any act that is considered to be harassment, such as annoying someone or placing excessive phone calls, can constitute stalking if the perpetrator repeats the action. As a general rule, a person must be labeled a "stalker" by a judge, court, or jury for their actions to fit within the legal definition of the crime.
Section 15-515 of New York City legislation outlines the following definitions:
Abuse: conduct toward his or her spouse or children which endangers his or her physical or emotional well-being
Course of conduct: any pattern of action actively spaced over a period of time (however short). This can include acts such as following, displaying, waiting, monitoring, maintaining surveillance etc.
Fear of physical injury – to the complainant or third person: series of acts (however short) which cause the complainant or third person to be in reasonable fear of physical injury .
Identity: the detectively (including a fictitious name) of an individual by their real given name (including any other names they may be identified by), if known, and surname
Knowledge: reasonable knowledge
Physical injury to a child: injury to a child that creates substantial risk of death; causes serious and protracted long-term disfigurement; or cause impairment of a vital bodily organ.
Physical injury: defined as causing injuries that, under ordinary circumstances, would cause physical pain or substantial pain
Behaviors that can constitute stalking under New York City legislation include, but are not limited to:
Following – Repeatedly attending a workplace, or the home of a victim along with any close family members or individuals who live with the victim.
Displaying – Repeatedly showing up in a public place, including the victim’s home, place of work, or any other location the victim frequents. At times, this can include crowding the person’s space and allowing space between them to be unreasonably closed.
Waiting – Repeatedly demonstrating persistence in trying to interact with, engage with or disturb a person
Monitoring – Repeatedly observes the actions of a person from a close distance or by use of electronic means
Maintaining surveillance – Repeatedly checking in on a wide range of activities involving a person to the point of affecting their perception of privacy.
Threatening – Repeatedly communicating, written or verbal (including via text message), any threatening messages, either overtly or in an implied manner.
Shooting – Not technically defined in the statute, generally means the intentional discharge of a gun.
In New York State, the punishment for first degree stalking results in a Class B felony charge, which can lead to 5 to 25 years in prison, and up to 25 years of probation upon release.
Consequences of Committing Stalking in NYC
In recognition of the serious, often devastating impact that stalking can have on the victims, New York legislates harsh penalties for those found guilty of the crime. Aggravated stalking in the second degree under penal law § 120.06 is a Class C felony. This means that the person convicted of this offense will likely be sentenced to a minimum prison term of five years, and a maximum of fifteen years. Persons convicted of aggravated stalking in the second degree will also be exposed to substantial fines, of up to $5,000, and they will be required to pay restitution to the victim. Aggravated stalking in the first degree, under penal law § 120.06, is a Class D felony, and persons convicted of this offense may be sentenced to between two and seven years of imprisonment and/or a fine of up to $5,000.
Stalking in the first degree under penal law § 120.70 is a Class D felony. Penalties for this offense include incarceration for a period of up to seven years, and a fine of up to $5,000. Stalking in the second degree under penal law § 120.55 is a Class A misdemeanor. Persons convicted of this offense may face imprisonment for up to a year, and a fine of up to $1,000. Unlike the first degree stalking offenses, the imprisonment term for second degree stalking convictions can be suspended on the condition that the convicted person completes three years of probation.
Updates and Changes to NYC Stalking Laws
Recently, there have been several updates and amendments to stalking laws in NYC. In 2016, the New York State Assembly voted to increase the penalties for aggravated stalking in the first degree. Under the proposed legislation, aggravated first-degree felony would carry a mandatory minimum state prison sentence of five years, with a prison sentence range of 5 to 25 years, depending on whether the crime was committed second, third of fourth conviction of aggravated stalking. Aggravated stalking in the first-degree is a class B felony, punishable by up to 25 years in prison. The measure was expected to face stiff opposition in the State Senate, where Republicans control the legislature and have favored reducing sentences over the last few years. Furthermore, the Democrats in the State Senate would need the support from some Republicans to get the measure passed. To date, however, there has been no further movement to amend current stalking laws in New York.
Protection Afforded to Stalking in NYC
Victims of stalking in New York City can take advantage of numerous protections afforded by the NYC laws. For instance, victims are often granted orders of protection, which are issued by the New York Family Court, Criminal Court or Supreme Court. Orders of protection are issued when a judge finds that a person has committed a crime in their relationship with a victim, who may be (but is not limited to) a spouse, former spouse, someone who has or had an intimate relationship with the offender, and a parent of a child with whom the offender is also a parent.
On the issue of stalking, the order of protection may prohibit the criminally stalking offender from attempting to conduct the following activities:
Issuing an order of protection is not the only way that NYC laws protects stalking victims. Victims can also take advantage of services and programs designed to provide for their safety and well-being. If a victim’s safety is in jeopardy, first call the police to get involved. After the police have investigated the situation , they may arrange to offer the victim support services, such as medical attention or counseling. The Police help any stalking victim who is in need of a safe place, transportation, and legal support. Social service providers and legal services exist to help victims of stalking throughout NYC and surrounding areas.
Finally, a stalking victim has preventative measures they can take to protect themselves against a stalker. For instance, NYC law allows stalking victims to change their residential address, driver’s license number, and motor vehicle registration. Harassment five times or more in a 120-day period is considered a "course of conduct," which is considered stalking under NYC Law. Moreover, it may be necessary for a victim to relocate temporarily or permanently to a new home – whether it be with friends or family, or a domestic violence shelter.
Even when stalking is only a thought, it’s a crime to think about stalking a person. Thus, a victim of stalking may call the police at any time if he or she feels the stalker may attempt to commit the act of stalking.
Filing a Stalking Complaint in the NYC
Stalking exists along a spectrum from mild annoyance to downright terrifying. While most of the stalking we encounter is more nuisance than it is danger, when things escalate, you may find yourself in the courts and dealing with moving to a new home (if you are a victim), task after task to ensure your stalker is incarcerated (if the police and prosecutor help you).
In Manhattan, you can bring a case on your own, effectively "pro se" by filing a "certificate of compliance and note of issue" along with an "order to show cause" and then going to court and asking for an order of protection.
If you have a lawyer, he/she will file the pleadings and the lawyer will attend the court hearings and speak on your behalf. By law, attorneys must be recognized by the court to be able to speak on behalf of the clients. Your lawyer will have to file a "certification of default" (no compliance with discovery 22 NYCRR 202.7[a] and then will proceed to a prove their case as "plaintiff" for a permanent order of protection.
In civil court, using an attorney can be a lot easier, unless you don’t have the money to pay for a retainer fee. The Judge may even require that the case go to mediation and may order a temporary order of protection.
In criminal court, the police and the prosecutor will determine if the perpetrator will be charged with a crime. If they are charged, your lawyer will be your eyes and ears.
Resources for Stalking Victims
If you are a stalking victim in New York City, there are various resources you can access to get help you get through this difficult time and to get the help you need to stay safe and recover. You can reach out to the New York City domestic violence hotline for free-flowing, 24/7 support by calling them at 1-800-621-HOPE (4673). They have support available in many languages. A team of trained social workers and volunteers can provide you with information, access to shelter and even short-term counseling. They also help with getting you legal support to obtain full protection orders. The hotline can also refer you to the LGBT domestic violence hotline which is operated in association with The GLBT Center and Gay Men’s Health Crisis (GMHC). The New York City Family Justice Centers have personnel dedicated solely to helping stalking victims. They can help you file criminal charges , file for a divorce and more. They can also refer you to free legal aid and translation services. You can visit the offices in Manhattan, Queens and Brooklyn. If your attacker violates a restraining/protective order after you make a report to the police, that could lead to a misdemeanor or felony charge, depending on the severity of the violation. You could also file a civil suit against your attacker if you are injured. If you are ever in immediate danger of being attacked, call 911 to get the police over to your location. They can arrest your attacker and help you get to safety.