Stalking is always more than irritating another person. It refers to the seeming obsessive and repeated communicating with or following another person to the extent that that person mentally, emotionally, or physically threatened. Stalking behaviors include telephoning, emailing, following, tracking using GPS, and texting. It also involves showing up at the person’s place of work, or sending numerous messages using a different person. This is a crime relating to domestic violence. Third-degree stalking is one of the stalking charges under misdemeanors. Under the New York Penal Code 120:50, you will be charged with third-degree stalking if you do one of the following:
• Repeatedly follow, track, or communicate with another person in a manner that suggests you might harm them physically or cause emotional and mental harm.
• Show up at another person’s place of work, or communicate with the person in a manner that puts their business or job at risk.
• You stalk more than three people on at least three separate occasions. Or,
• Within the past one decade, you were convicted of one of the predicate crimes associated with stalking. Moreover, the predicate crime victim or the stalking victim was a member of the same family. Or,
• Intending to harass, annoy, or alarm the victim, or engage in an action that suggests kidnap, physical harm, or commit sex, or commit unlawful imprisonment against the immediate victim’s family member
• Within the past one decade, you have been convicted of fourth-degree stalking under the New York Penal Code 120:45
Example of Crime
A man calls his wife or ex-girlfriend 10 – 20 times a day for one week. He leaves messages that if she does not show up, he will come to her house. That man can never be convicted of third-degree stalking if he has never been convicted of a fourth-degree stalking. He will also be sentenced if he has been convicted of related criminal offenses against the girlfriend or any of the victim’s family members. Otherwise, he will be prosecuted with fourth-degree stalking.
1. Second-degree kidnapping: New York Penal Code 135:20
2. First-degree harassment: New York Penal Code 240:25
3. Second-degree aggravated harassment: New York Penal Code 240:30
The prosecutor must prove that you committed the crime to be convicted of third-degree stalking, or you have a history of sexual assault or stalking. You can also be sentenced if you have done the same to more than one person. If the prosecutor proves that you have stalked more than one person, he will have enough evidence to support the third-degree stalking charges.
Because the third-degree stalking is a Class A misdemeanor, your sentence will include a maximum of one-year jail term and a fine of up to $1,000. You can also be prosecuted to a three-year jail term if possible.
New York Penal Code 120.50: Stalking in the third degree
A person is guilty of third-degree stalking if he or she:
• Commits the fourth-degree stalking crime in violation of this crime against three or more persons, in three or more separate occasions, for which the actor has never been convicted of the same crime: or,
• Commits the fourth-degree stalking crime against a person, and has been convicted previously within the past one decade.
Best NYC Criminal Attorneys
If you are charged or arrested for third-degree stalking, even though it is not a felony you should immediately contact the NYC criminal attorneys with enough legal experience. While a felony conviction affects your life in many ways, so does a misdemeanor conviction. Please contact us for free to schedule an appointment.
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