PL 120.50 · Article 120
Stalking in the Third Degree
Stalking in the third degree raises stalking in the fourth degree to a class A misdemeanor when, for example, the conduct targets three or more people in separate incidents, the accused has a recent prior stalking conviction, or the conduct causes reasonable fear of physical injury, serious physical injury, a sex offense, kidnapping or death.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused committed conduct described in PL 120.50 (including stalking in the fourth degree with an aggravating circumstance).
Defenses that commonly apply
- Challenging whether the aggravating circumstance is proven.
- Legitimate purpose and the context of the communications.
- 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 A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.
Every case turns on its own facts. The information on this page is general, not legal advice.
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