New York Penal Law § 120.55 – Stalking in the Second Degree

Stalking in the Second Degree is a criminal offense that punishes adults over 21 from following or communicating with a minor in a way that puts the minor in reasonable fear of injury or death. Stalking in the Second Degree is also used to enhance certain other Third- and Fourth-Degree Stalking offenses. Stalking in the 2nd degree is a class E felony.

There are five ways someone can commit Stalking in the Second Degree. In each case, the prosecution must prove each of the elements of that particular subsection.

1. The defendant commits Stalking in the Third Degree while displaying, possessing or threatening to use a weapon.
2. The defendant commits Stalking in the Third Degree and, within the past five years, has previously been convicted of a sex crime, violent crime, or similar offense targeting the same victim.
3. The defendant commits Stalking in the Fourth Degree and has a prior conviction for Stalking in the Third Degree.
4. The defendant repeatedly follows or engages in a course of conduct that puts a minor in fear of injury or death.
5. The defendant commits Stalking in the Third Degree against ten or more people based on ten or more separate incidents.

Examples of Stalking in the Second Degree include:

• Someone follows a stranger home from the bar while visibly holding a knife;
• A teacher repeatedly follows a student home while making sexually-explicit comments;
• A terminated employee frequently shows up at their old job, making a commotion to frighten customers.

Most cases of Stalking in the Second Degree are simply a more serious version of Stalking in the Fourth Degree. Thus, prosecutors will almost always charge at least these two crimes. Additionally, depending on the situation, prosecutors also file one or more of the following:

• Stalking in the First Degree – NY Penal Law § 120.60
• Stalking in the Second Degree – NY Penal Law § 120.50
• Stalking in the Fourth Degree – NY Penal Law § 120.45
• Harassment in the First Degree – NY Penal Law § 240.25
• Harassment in the Second Degree – NY Penal Law § 240.26
• Menacing in the Second Degree – NY Penal Law § 120.14
• Menacing in the Third Degree – NY Penal Law § 120.15
• Promoting a Suicide Attempt – NY Penal Law § 120.30
• Aggravated Harassment in the First Degree – NY Penal Law § 240.31
• Aggravated Harassment in the Second Degree – NY Penal Law § 240.30

There are many defenses to Stalking in the Second Degree, some of which include:

• The object the defendant possessed was not a dangerous instrument or deadly weapon;
• The offense used to trigger §120.55(2) was not a qualifying predicate crime;
• One or more of the ten alleged victims needed to trigger §120.55(5) did not feel they had been victimized;
• The alleged victim made up the allegations; and
• The defendant had a legitimate reason for their actions.

Stalking in the Second Degree is a class E felony. In New York, a class E felony is punishable by up to four years in state prison. Additionally, the court may impose a fine of up to $5,000.

If you were recently charged with stalking in New York, it is essential that you find a criminal defense attorney who will take your case as seriously as you do. At Tilem & Associates, P.C., our dedicated NY criminal defense attorneys have more than 40 combined years of experience aggressively defending clients facing stalking charges as well as other related offenses involving harassment, aggravated harassment and domestic violence crimes. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.