Stalking is an often mentioned but rarely understood crime in New York.  From media or the news, you probably have an idea what “stalking” someone looks or feels like.

To start, all degrees of stalking in New York are crimes and a conviction will result in a criminal record.  The most serious forms of stalking are Stalking in the 1st Degree and Stalking in the 2nd Degree which are felony offenses as explained below. A conviction for any stalking offense could result in a period of incarceration in local/County jail or State prison, probation, and/or fines.  It’s also very likely a court will issue an Order of Protection.  An Order of Protection prevents a person from having contact or communication with someone for a designated period time.

In New York, there are 4 different types of Stalking:

  • Stalking in the 4th Degree, a class B misdemeanor;
  • Stalking in the 3rd Degree, a class A misdemeanor;
  • Stalking in the 2nd Degree, a class E non-violent felony; and
  • Stalking in the 1st Degree, a class D violent felony.

E felonies are the lowest level in New York, up to A felonies.  The higher the letter, generally the more serious the penalties.