N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Assault and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 120.45 (2026)

Stalking in the fourth degree

✓ current as of May 2026
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§ 120.45 Stalking in the fourth degree.
  A person is guilty of stalking in the fourth degree when he or she
intentionally, and for no legitimate purpose, engages in a course of
conduct directed at a specific person, and knows or reasonably should
know that such conduct:
  1. is likely to cause reasonable fear of material harm to the physical
health, safety or property of such person, a member of such person's
immediate family or a third party with whom such person is acquainted;
or
  2. causes material harm to the mental or emotional health of such
person, where such conduct consists of following, telephoning or
initiating communication or contact with such person, a member of such
person's immediate family or a third party with whom such person is
acquainted, and the actor was previously clearly informed to cease that
conduct; or
  3. is likely to cause such person to reasonably fear that his or her
employment, business or career is threatened, where such conduct
consists of appearing, telephoning or initiating communication or
contact at such person's place of employment or business, and the actor
was previously clearly informed to cease that conduct.
  For the purposes of subdivision two of this section, "following" shall
include the unauthorized tracking of such person's movements or location
through the use of a global positioning system or other device.
  Stalking in the fourth degree is a class B misdemeanor.
Notes of Decisions
Cited in 108 cases (31 in the last 5 years), 2000–2026 · leading case: People v. Stuart, 797 N.E.2d 28 (NY 2003).
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People v. Stuart, 797 N.E.2d 28 (NY 2003). · cites it 20× “The conduct must be likely to place the victim in reasonable fear of material harm, or cause the victim mental or emotional harm ( see Penal Law § 120.45). [1] In seeking reversal of his conviction, defendant contends that the anti-stalking statute is unconstitutionally vague…”
People v. Kwas, 52 Misc. 3d 52 (N.Y. App. Term. 2016). · cites it 7× “In satisfaction of multiple charges, defendant pleaded guilty, pursuant to a negotiated plea agreement, to stalking in the fourth degree (Penal Law § 120.45) and attempted criminal contempt in the second degree (Penal Law §§ 110.”
People v. Renderos-Flores (William), 2024 NY Slip Op 51170(U) (N.Y. App. Term. 2024). · cites it 2× “50 [1]), stalking in the fourth degree (Penal Law § 120.45 [1]), and endangering the welfare of a child (Penal Law § 260.”
People v. Westwood, 53 Misc. 3d 74 (N.Y. App. Term. 2016). · cites it 4× “30 [1] [a], [b]), stalking in the fourth degree (Penal Law § 120.45 [1]), and harassment in the second degree (Penal Law § 240.”
People v. Watson, 32 A.D.3d 1199 (N.Y. App. Div. 2006). · cites it 3× “County Court dismissed two counts of stalking in the fourth degree (Penal Law § 120.45 [1]), four counts of stalking in the third degree (§ 120.”
Matter of Allen v. Emery, 2020 NY Slip Op 05984 (N.Y. App. Div. 2020). · cites it 2× “of such person" (Penal Law § 120.45 [1]). At the fact-finding hearing, petitioner testified that, although her romantic relationship with respondent had ended, respondent had delayed and refused to vacate their home, which she owned.”
United States v. Curley, 639 F.3d 50 (2d Cir. 2011). “” N.Y. Penal Law § 120.45 (McKinney 2011) (emphasis added).”
Matter of Derek KK. v. Jennifer KK., 2021 NY Slip Op 04169 (N.Y. App. Div. 2021). “Family Court sustained claims based upon harassment in the second degree and stalking in the fourth degree ( see Penal Law §§ 120.45 [1]; 240.26 [3]). "The requisite intent for both such offenses may be inferred from the conduct itself or the surrounding circumstances" ( Matter…”
People v. Stuart, 191 Misc. 2d 541 (N.Y. App. Term. 2002). · cites it 5× “Defendant Paul Stuart stands convicted, following a nonjury trial, of stalking in the fourth degree (Penal Law § 120.45 [1], [2]). * The proof presented by the People, including the credited testimony of the complainant and an eyewitness, was strong and persuasive, and…”
People v. Coveney, 50 Misc. 3d 1 (N.Y. App. Term. 2015). · cites it 2× “Defendant was charged in a superseding information with stalking in the fourth degree (Penal Law § 120.45 [1]), harassment in the first degree (Penal Law § 240.”
Matter of Jordan v. Verni, 139 A.D.3d 1067 (N.Y. App. Div. 2016). “However, there was insufficient evidence to establish, by a preponderance of the evidence, the necessary elements of the family offense of stalking in the fourth degree (see Penal Law § 120.45 [3]; Matter of London v Blazer, 2 AD3d 860, 861 [2003]) and, therefore, we exercise…”
Pamela N. v. Neil N., 93 A.D.3d 1107 (N.Y. App. Div. 2012). “Additionally, the allegations, if credited, are sufficient to allege that respondent committed the offense of stalking in the fourth degree (see Penal Law § 120.45 [1], [2]). Thus, we agree with the mother and attorney for the children that Family Court should not have dismissed…”
Show all 108 citing cases →
— N.Y. Penal Law § 120.45(2) — 1 case
Zwick v. Town of Cheektowaga (W.D.N.Y. 2021).
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