Stalking in the Fourth Degree

What the prosecutor must prove

• The accused intentionally and for no legitimate purpose engaged in a course of conduct directed at a specific person.
• The accused knew or reasonably should have known the conduct was likely to cause one of the harms described in PL 120.45.

Defenses that commonly apply

• The contact had a legitimate purpose, such as co-parenting communication.
• The conduct was not a "course of conduct" or was not directed at the person.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to Up to $500 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.