Stalking in the 2nd Degree builds on those circumstances listed above with Stalking in the 3rd Degree. You may be charged with Stalking in the 2nd Degree if:
- you commit Stalking in the 3rd Degree and display, possess, or threaten use of a weapon; or
- you commit Stalking in the 3rd 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 3rd Degree conviction in your past.
Stalking in the 2nd 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.