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 § 120.60 (2026)

Stalking in the first degree

✓ current as of May 2026
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§ 120.60 Stalking in the first degree.
  A person is guilty of stalking in the first degree when he or she
commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 or stalking in the second degree as
defined in section 120.55 of this article and, in the course and
furtherance thereof, he or she:
  1. intentionally or recklessly causes physical injury to the victim of
such crime; or
  2. commits a class A misdemeanor defined in article one hundred thirty
of this chapter, or a class E felony defined in section 130.25, former
section 130.40 or section 130.85 of this chapter, or a class D felony
defined in former section 130.45 or section 130.30 of this chapter.
  Stalking in the first degree is a class D felony.
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2003–2022 · leading case: People v. Stuart, 797 N.E.2d 28 (N.Y. 2003).
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People v. Stuart, 797 N.E.2d 28 (N.Y. 2003). · cites it 2× “55); and first-degree stalking is a class D felony (Penal Law § 120.60). [2] The prosecution dropped the harassment charge and defendant was acquitted of the third-degree stalking charge.”
State v. P.H., 22 Misc. 3d 689 (N.Y. Sup. Ct. 2008). · cites it 2× “03 [f]; Penal Law § 120.60.) “Stalking” a victim and engaging in public lewdness is not defined as a “sex offense” under article 10, even if the stalking behavior is “sexually motivated” unless the specific statutory requirements of Penal Law § 120.”
People v. Ramirez, 2021 NY Slip Op 01429 (N.Y. App. Div. 2021). “The defendant contends that the jury's finding of guilt on the count charging him with stalking in the first degree (Penal Law § 120.60[1]) is irreconcilable with its acquittal of the defendant on the count charging him with attempted robbery in the second degree (Penal Law §§…”
The Matter of Luis Alvarez v. Anthony J. Annucci (N.Y. 2022). “Class D violent felonies include stalking (Penal Law § 120.60), rape in the second degree (Penal Law § 130.”
Francis v. Culley (E.D.N.Y 2021). “N.Y. Penal Law § 120.60 . Penal Law § 120.”
People v. Goldsmith, 71 A.D.3d 1046 (N.Y. App. Div. 2010). “In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see Penal Law § 120.60 [1]). Moreover, in fulfilling…”
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