{"jurisdiction": "us-ny", "code": "penal", "section": "120.40", "citation": "Penal Law § 120.40", "heading": "Definitions", "text": ["§ 120.40 Definitions.", "For purposes of sections 120.45, 120.50, 120.55 and 120.60 of this article:", "1. \"Kidnapping\" shall mean a kidnapping crime defined in article one hundred thirty-five of this chapter.", "2. \"Unlawful imprisonment\" shall mean an unlawful imprisonment felony crime defined in article one hundred thirty-five of this chapter.", "3. \"Sex offense\" shall mean a felony defined in article one hundred thirty of this chapter, sexual misconduct, as defined in section 130.20 of this chapter, sexual abuse in the third degree as defined in section 130.55 of this chapter or sexual abuse in the second degree as defined in section 130.60 of this chapter.", "4. \"Immediate family\" means the spouse, former spouse, parent, child, sibling, or any other person who regularly resides or has regularly resided in the household of a person.", "5. \"Specified predicate crime\" means:", "a. a violent felony offense;", "b. a crime defined in section 130.20, 130.25, 130.30, 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27, or formerly defined in section 130.40 or 130.45;", "c. assault in the third degree, as defined in section 120.00; menacing in the first degree, as defined in section 120.13; menacing in the second degree, as defined in section 120.14; coercion in the first degree, as defined in section 135.65; coercion in the second degree, as defined in section 135.61; coercion in the third degree, as defined in section 135.60; aggravated harassment in the second degree, as defined in section 240.30; harassment in the first degree, as defined in section 240.25; menacing in the third degree, as defined in section 120.15; criminal mischief in the third degree, as defined in section 145.05; criminal mischief in the second degree, as defined in section 145.10, criminal mischief in the first degree, as defined in section 145.12; criminal tampering in the first degree, as defined in section 145.20; arson in the fourth degree, as defined in section 150.05; arson in the third degree, as defined in section 150.10; criminal contempt in the first degree, as defined in section 215.51; endangering the welfare of a child, as defined in section 260.10; or", "d. stalking in the fourth degree, as defined in section 120.45; stalking in the third degree, as defined in section 120.50; stalking in the second degree, as defined in section 120.55; or", "e. an offense in any other jurisdiction which includes all of the essential elements of any such crime for which a sentence to a term of imprisonment in excess of one year or a sentence of death was authorized and is authorized in this state irrespective of whether such sentence was imposed."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/120.40", "from_official_api": true, "plain_english": "This section defines terms for the stalking sections, §§ 120.45, 120.50, 120.55 and 120.60.\n- **(1)** \"**Kidnapping**\" means a kidnapping crime in article 135.\n- **(2)** \"**Unlawful imprisonment**\" means only an unlawful imprisonment **felony** in article 135.\n- **(3)** \"**Sex offense**\" means an article 130 **felony**, or sexual misconduct (§ 130.20), sexual abuse in the third degree (§ 130.55) or sexual abuse in the second degree (§ 130.60).\n- **(4)** \"**Immediate family**\" means a spouse, former spouse, parent, child, sibling, or anyone who **regularly resides or has regularly resided** in the person's household. ★\n- **(5)** A \"**specified predicate crime**\" is: (a) a **violent felony offense**; (b) a crime in §§ 130.20, 130.25, 130.30, 130.55, 130.60, 130.70, 255.25, 255.26 or 255.27, or former §§ 130.40 or 130.45; (c) assault 3rd, menacing 1st–3rd, coercion 1st–3rd, aggravated harassment 2nd, harassment 1st, criminal mischief 1st–3rd, criminal tampering 1st, arson 3rd–4th, criminal contempt 1st, or endangering the welfare of a child; (d) stalking in the 4th, 3rd or 2nd degree; or (e) an offense elsewhere with **all the essential elements** of any such crime, if a sentence of **more than 1 year** or death was authorized there **and is authorized in New York**, whether or not it was imposed. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/120.40", "publisher": "Elyphived LLC"}