What's happening
This bill increases the penalties for all degrees of stalking in New York, elevating each to a higher class of offense.
Why it matters
Substantially increases the consequences for stalking offenses. , meaning that individuals convicted of stalking at any degree will face longer sentences and potentially greater impacts on their criminal records, including possible felony status for conduct previously treated as a misdemeanor.
Reclassifies stalking in the first, second, and third degrees as violent felonies. , which not only increases sentence lengths but also affects eligibility for parole, probation, and access to rehabilitation programs. This could result in longer actual time served and fewer opportunities for early release.
Elevates stalking in the fourth degree from a class B to a class A misdemeanor. , making even the lowest-level stalking charge more serious, with higher potential jail time and fines, which could deter borderline or first-time offenders but also increase the number of people facing more severe penalties.
Integrates stalking offenses into the violent felony sentencing structure. , placing them alongside crimes such as assault, robbery, and aggravated sexual abuse. This reflects a legislative intent to treat stalking as a more serious public safety threat and may influence prosecutorial charging decisions, plea bargaining, and judicial sentencing practices.
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Who cares
Headline styles
Increase Stalking Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–2
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1307
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1182
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing penalties for first, second, third and fourth degree stalking
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 120.45 of the penal law, as amended by chapter 184 of the laws of 2014, is amended to read as follows:
Stalking in the fourth degree is a class [B] A misdemeanor.
§ 2. The closing paragraph of section 120.50 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows:
Stalking in the third degree is a class [A misdemeanor] E felony.
§ 3. The closing paragraph of section 120.55 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows:
Stalking in the second degree is a class [E] D felony.
§ 4. The closing paragraph of section 120.60 of the penal law, as amended by chapter 434 of the laws of 2000, is amended to read as follows:
Stalking in the first degree is a class [D] C felony.
§ 5. Paragraphs (b), (c) and (d) of subdivision 1 of section 70.02 of the penal law, paragraph (b) as amended by chapter 1 of the laws of 2013, paragraph (c) as amended by chapter 368 of the laws of 2015 and paragraph (d) as amended by chapter 7 of the laws of 2007, are amended to read as follows:
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05856-01-7
S. 1182 2
medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, stalking in the first degree as defined in subdivision one of section 120.60, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, stalking in the [first] second degree, as defined in subdivision one of section [120.60] 120.55, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven, eight, nine or ten of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18.
(d) Class E violent felony offenses: stalking in the third degree as defined in section 120.50, an attempt to commit any of the felonies of criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02 as a lesser included offense of that section as defined in section 220.20 of the criminal procedure law, persistent sexual abuse as defined in section 130.53, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, falsely reporting an incident in the second degree as defined in section 240.55 and placing a false bomb or hazardous substance in the second degree as defined in section 240.61.
§ 6. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to increasing penalties for first, second, third and fourth degree stalking
Purpose
This legislation will increase the penalties for stalking.
Summary of provisions
Section 120 and Section 70 of the New York State Penal Law are amended to increase penalties for first, second, third and fourth degree stalking. Stalking in the fourth degree will become a class A misdemeanor from a class B misdemeanor. Third degree stalking will become a class E felony from a class A misdemeanor. Second degree stalking will become a class D felony from a class E felony. Stalking in the first degree will become a class C felony from a class D felony.
Justification
Stalking is a persistent and unwanted pursuit of an individual that strikes great fear in the victim. It is an intentional and unpredictable behavior that can end with horrific results. Victims are followed, watched or harassed.
We have continued to hear and read horror stories of victims whose lives have been destroyed by relentless stalkers. The penalties for this heinous crime need to match the impact that is felt by the victim. This legislation will address this situation by increasing the penalties for Stalking.
Legislative history
S.448 of 2015/16.
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.