New York statute
N.Y. Penal Law § 120.45 — Stalking in the fourth degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 120: Assault and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 120.45
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
120.45 Stalking in the fourth degree.
A person is guilty of stalking in the fourth degree when he or she
intentionally, and for no legitimate purpose, engages in a course of
conduct directed at a specific person, and knows or reasonably should
know that such conduct:
1. is likely to cause reasonable fear of material harm to the physical
health, safety or property of such person, a member of such person's
immediate family or a third party with whom such person is acquainted;
or
2. causes material harm to the mental or emotional health of such
person, where such conduct consists of following, telephoning or
initiating communication or contact with such person, a member of such
person's immediate family or a third party with whom such person is
acquainted, and the actor was previously clearly informed to cease that
conduct; or
3. is likely to cause such person to reasonably fear that his or her
employment, business or career is threatened, where such conduct
consists of appearing, telephoning or initiating communication or
contact at such person's place of employment or business, and the actor
was previously clearly informed to cease that conduct.
For the purposes of subdivision two of this section, "following" shall
include the unauthorized tracking of such person's movements or location
through the use of a global positioning system or other device.
Stalking in the fourth degree is a class B misdemeanor.
Official sources
Legal terms used in this section
Questions this section answers
What class of misdemeanor is stalking in the fourth degree in New York?
Stalking in the fourth degree is a Class B Misdemeanor in New York under N.Y. Penal Law § 120.45.
Which New York statute covers stalking in the fourth degree?
Stalking in the fourth degree is governed by N.Y. Penal Law § 120.45 (Stalking in the fourth degree).
This reference is informational and is not legal advice.