PL 120.50 · Article 120
Stalking in the Third Degree
Third-degree stalking has four alternative routes involving multiple fourth-degree stalking incidents, certain prior convictions, or an intentional course of conduct intended to harass, annoy or alarm and likely to cause specified reasonable fears. The direct intent-and-fear route does not require a prior conviction, while the other routes require fourth-degree stalking plus their stated additional facts.
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PL 120.50 · Original statutory wording; excerpts must be read together with the full section.
§ 120.50 Stalking in the third degree. A person is guilty of stalking in the third degree when he or she: 1. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against three or more persons, in three or more separate transactions, for which the actor has not been previously convicted; or 2. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime, as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or 3. With intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person's immediate family; or 4. Commits the crime of stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree. Stalking in the third degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
Third-degree stalking has four alternative routes involving multiple fourth-degree stalking incidents, certain prior convictions, or an intentional course of conduct intended to harass, annoy or alarm and likely to cause specified reasonable fears. The direct intent-and-fear route does not require a prior conviction, while the other routes require fourth-degree stalking plus their stated additional facts.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove every requirement of at least one applicable alternative beyond a reasonable doubt. The following four routes are alternatives, not cumulative requirements.
- Alternative 1: The person accused committed fourth-degree stalking against at least three people in at least three separate transactions, for which the person accused had not previously been convicted.
- Alternative 2: The person accused committed fourth-degree stalking and had a conviction within the preceding ten years for a specified predicate crime as defined in section 120.40(5); the earlier crime's victim was the current victim or an immediate family member of the current victim.
- Alternative 3: With intent to harass, annoy or alarm a specific person, the person accused intentionally engaged in a course of conduct directed at that person likely to cause reasonable fear of physical injury, serious physical injury, a sex offense, kidnapping, unlawful imprisonment or death affecting that person or an immediate family member.
- Alternative 4: The person accused committed fourth-degree stalking and had been convicted of fourth-degree stalking within the preceding ten years.
- For alternatives 1, 2 and 4, fourth-degree stalking requires an intentional course of conduct directed at a specific person without a legitimate purpose, with knowledge or reasonable grounds to know the applicable consequence: likely reasonable fear of material harm to the physical health, safety or property of that person, an immediate family member or an acquainted third party; OR actual material mental or emotional harm to the targeted person through following, telephoning or initiating communication or contact with any of those people after a clear instruction to stop; OR likely reasonable fear for the targeted person's employment, business or career through appearing, telephoning or initiating communication or contact at that person's workplace or business after a clear instruction to stop. For the mental-or-emotional-harm route, following includes unauthorized GPS or other device tracking of the targeted person's movements or location.
Defenses that commonly apply
- For the multiple-person route, do the records establish at least three victims and three separate transactions constituting fourth-degree stalking, without previous convictions for those transactions?
- For a prior-conviction route, what do the conviction dates, offense records and any required victim or immediate-family relationship show?
- For the direct intent-and-fear route, what evidence establishes intent to harass, annoy or alarm and a course of conduct likely to cause the specified reasonable fear?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000 or up to twice the gain.
Common questions about your defense
Does having no prior stalking conviction defeat a third-degree stalking charge?
Not necessarily, because the multiple-person route and the direct intent-and-fear route do not require a prior conviction. If the prosecution relies on a prior-conviction route, the conviction's timing, qualifying offense and any required victim relationship may provide grounds for a challenge. The prosecutor must prove all requirements of the chosen alternative beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 120.45 · Class B Misdemeanor
PL 170.05 · Class A Misdemeanor
PL 120.00 · Class A Misdemeanor
PL 120.05 · Class D Felony
PL 120.10 · Class B Felony
PL 120.15 · Class B Misdemeanor
PL 120.14 · Class A Misdemeanor
PL 120.13 · Class E Felony
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