New York criminal charge
Stalking in the first degree in New York
Stalking in the first degree is a criminal offense under New York law, defined by N.Y. Penal Law § 120.60. Its classification is not fixed: New York assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.Y. Penal Law § 120.60.
What is the penalty for stalking in the first degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 7 years (Stalking in the first degree — A person commits stalking in the third or second degree and, in the course and furtherance thereof, either causes physical injury to the victim or commits certain sexual offenses (class A misdemeanor under article 130, or specified class E or class D felonies) against the victim.; authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)) or an alternative definite sentence of 1 year or less (PEN 70.00(4)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 2–7 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (Stalking in the first degree — A person commits stalking in the third or second degree and, in the course and furtherance thereof, either causes physical injury to the victim or commits certain sexual offenses (class A misdemeanor under article 130, or specified class E or class D felonies) against the victim.; or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
Applies to current.
How is stalking in the first degree classified in New York?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Stalking in the first degree | Class D Felony | A person commits stalking in the third or second degree and, in the course and furtherance thereof, either causes physical injury to the victim or commits certain sexual offenses (class A misdemeanor under article 130, or specified class E or class D felonies) against the victim. | N.Y. Penal Law § 120.60undefined |
Common questions about stalking in the first degree in New York
What class of felony is stalking in the first degree in New York?
Stalking in the first degree is a Class D Felony in New York under N.Y. Penal Law § 120.60.
Stalking in the first degree: Class D Felony (N.Y. Penal Law § 120.60)
What are the penalties for stalking in the first degree in New York?
Penalties for stalking in the first degree in New York depend on how it is classified — from a Class D Felony up to a Class D Felony — with the ranges set by N.Y. Penal Law § 70.00; the full table of ranges by variant is published on this page.
Which New York statute covers stalking in the first degree?
Stalking in the first degree is governed by N.Y. Penal Law § 120.60 (Stalking in the first degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.