S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
March 13, 2013
Introduced by Sens. KENNEDY, BALL, BRESLIN, ESPAILLAT, FLANAGAN, GRISAN-
TI, KRUEGER, MAZIARZ, NOZZOLIO, PARKER, TKACZYK -- read twice and
ordered printed, and when printed to be committed to the Committee on
Codes -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading -- again
amended and ordered reprinted, retaining its place in the order of
third reading -- recommitted to the Committee on Codes in accordance
with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to stalking in the fourth
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 120.45 of the penal law, as added by chapter 635 of
the laws of 1999, is amended to read as follows:
S 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;
2. causes material harm to the mental or emotional health of such
person, where such conduct consists of following, telephoning or initi-
ating 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 4187--C 2
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.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.