What is stalking in the 3rd degree?

Stalking at this degree builds on many of the same conditions contained in the Stalking in the 4^th Degree charge.  A charge of Stalking in the 4^th Degree becomes a Stalking in the 3^rd Degree charge if:

• the fear of harm is a serious physical injury, a sex crime, kidnapping or death; or
• it is directed at 3 or more people, 3 or more times; or
• you have a previous conviction for some crime with this same victim within the last 10 years; or
• you have a previous Stalking in the 4^th Degree conviction within the last 10 years.

Here, the existence of any of the above facts make the penalties potentially worse for conduct that would otherwise be considered Stalking in the 4^th Degree.

Stalking in the 3^rd Degree is a class A misdemeanor under NY Penal Law §120.50. This means that you face up to 1 year in local/ County jail and/or up to 3 years of probation supervision.