What is stalking in the 2nd degree?

Stalking in the 2^nd Degree builds on those circumstances listed above with Stalking in the 3^rd Degree.  You may be charged with Stalking in the 2^nd Degree if:

• you commit Stalking in the 3^rd Degree and display, possess, or threaten use of a weapon; or
• you commit Stalking in the 3^rd Degree and are 21 or older and the victim is under 14; or
• your previous conviction with this same victim is within 5 years; or
• you have a previous Stalking in the 3^rd Degree conviction in your past.

Stalking in the 2^nd Degree is a class E felony under NY Penal Law §120.55. This means you face a maximum of 4 years in New York State prison and/or up to 5 years of probation.