{"jurisdiction": "us-ny", "code": "penal", "section": "120.45", "citation": "Penal Law § 120.45", "heading": "Stalking in the fourth degree", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/120.45", "from_official_api": true, "plain_english": "A person commits stalking in the fourth degree by intentionally, and for **no legitimate purpose**, engaging in a **course of conduct** directed at a specific person, and knows or reasonably should know that it:\n- **(1)** is likely to cause **reasonable fear of material harm** to the physical health, safety or property of that person, an immediate family member, or an acquaintance; ★\n- **(2)** **causes material harm to mental or emotional health**, where the conduct is following, telephoning or initiating contact with the person, a family member or an acquaintance, after the actor was **clearly informed to stop**; or\n- **(3)** is likely to cause the person to reasonably fear for their **employment, business or career**, where the conduct is appearing, telephoning or initiating contact at the person's workplace or business, after the actor was **clearly informed to stop**.\nFor (2), \"following\" includes **unauthorized GPS or other device tracking**. It is a **class B misdemeanor**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/120.45", "publisher": "Elyphived LLC"}