Harassment And Stalking
Penal Law § 120.45 — stalking in the fourth degree is a class B misdemeanor; harassment in the second degree a violation
Harassment in the second degree is any of these, done intending to harass, annoy or alarm another person:
- Striking, shoving, kicking or otherwise touching the person, or attempting or threatening to.
- Following the person in or about a public place.
- A course of conduct, or repeated acts, that alarm or seriously annoy the person and serve no legitimate purpose.
Following and the course of conduct do not reach activities regulated by the federal labor laws the section names. Harassment in the second degree is a violation.
Stalking: a course of conduct, for no legitimate purpose. Stalking in the fourth degree is intentionally, and for no legitimate purpose, directing a course of conduct at a specific person when the actor knows or reasonably should know it is likely to cause reasonable fear of material harm to that person's physical health, safety or property, or that of a family member or an acquaintance. Following, calling or contacting that causes material harm to the person's mental or emotional health, or contact at the person's workplace that makes the person reasonably fear for their job, counts too, once the actor was clearly told to stop.
Following includes tracking a person's movements or location by GPS or another device without authorization. Stalking in the fourth degree is a class B misdemeanor, which carries up to three months in jail and a fine of up to $500.
Sources for this section (4)
- Penal Law § 240.26 — Harassment in the second degree
- Penal Law § 120.45 — Stalking in the fourth degree
- Penal Law § 70.15 — Sentences of imprisonment for misdemeanors and violation
- Penal Law § 80.05 — Fines for misdemeanors and violation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.