New York law accounts for various forms of stalking and harassment. Indeed, this criminal conduct falls within a precarious grey area whereby law enforcement and prosecutors take a cautious stance and do arrest individuals who commit these crimes – however, many times such charges are only leveled as misdemeanors unless there is evidence of repeated conduct which becomes violent or which includes the use of a weapon.
The Case of David Crowe and Taylor Swift
During late 2023 and early 2024, an individual, David Crowe, was arrested three times within 72 hours for repeated harassment, stalking, and criminal contempt as it relates to Taylor Swift. Indeed, Mr. Crowe violated numerous court orders of protection when he disregarded these orders and continued to stalk Ms. Swift’s residence in New York City. As one can see, New York provides a comprehensive guide within the penal law as to when individuals such as Mr. Crowe will be charged when being prosecuted for this type of conduct.
Stalking in New York
New York has a series of Stalking charges for allegations of one person stalking another in a threatening, frightening or violent way. There are four different degrees of stalking charges which exist in New York.
Stalking in the Fourth Degree
Covered by Penal Law 120.25, a person is guilty of this charge 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:
- 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;
- 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
- 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
Stalking in the Third Degree
Covered by Penal Law 120.50, this charge involves fear of the commission of certain crimes against a person. This offense is charged when “with intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person” to reasonably fear:
- Physical injury or serious physical injury;
- The commission of a sex offense against; or
- The kidnapping, unlawful imprisonment or death of such person or a member of such person`s immediate family
Stalking in the Second Degree
Covered by Penal Law 120.55, there are 3 aggravated provisions which are charged when a person:
Commits the crime of Stalking in the Third Degree (with intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family) and in the course of and in furtherance of the commission of such offense:
- displays, or possesses and threatens the use of, a firearm, or any dangerous instrument, deadly instrument or deadly weapon;
- or displays what appears to be a firearm;
- Commits the crime of Stalking in the Third Degree (the same version as stated above) against 10 or more persons, in 10 or more separate transactions, for which the actor has not been previously convicted; or Being at 21 years old or older, repeatedly follows a person under the age of 14 or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of 14 in reasonable fear of physical injury, serious physical injury or death
Stalking in the First Degree
Pursuant to Penal Law 120.60, this is a class D violent felony and is charged in 2 circumstances with a few caveats. The charge states: a person is guilty of Stalking in the First Degree when he or she commits the crime of Stalking in the Third Degree or Stalking in the Second Degree and, in the course and furtherance thereof, he or she:
- Intentionally or recklessly causes physical injury to the victim of such crime; or
- Commits a Sex Crime that is a class A misdemeanor or class E or class D felony.
Harassment in New York
New York Penal Law 240 covers harassment in New York. Some of the more common forms of this charge include:
Harassment in the Second Degree
Under Penal Law 240.26, a person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:
- He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or
- He or she follows a person in or about a public place or places; or
- He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
Disorderly Conduct
Under Penal Law 240.20, a person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
- He engages in fighting or in violent, tumultuous or threatening behavior; or
- He makes unreasonable noise; or
- In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
- Without lawful authority, he disturbs any lawful assembly or meeting of persons.
Aggravated Harassment in the Second Degree
Under Penal Law 240.30, a person is guilty of aggravated harassment in the second degree when:
With intent to harass another person, the actor either:
- communicates, anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person…
- causes a communication to be initiated anonymously or otherwise, by telephone, by computer or any other electronic means, or by mail, or by transmitting or delivering any other form of communication, a threat to cause physical harm to, or unlawful harm to the property of, such person…
With intent to harass or threaten another person, he or she makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication
Restraining Orders and Orders of Protections in New York
With stalking, harassment, menacing, and assault charges will come a court order of protection or a restraining order. Violating this order itself can result in another charge known as criminal contempt:
Criminal Contempt in the Second Degree
Under Penal Law 215.50, a person is guilty of criminal contempt in the second degree when he engages in any of the following conduct:
- Disorderly, contemptuous, or insolent behavior, committed during the sitting of a court, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority; or …
- Intentional disobedience or resistance to the lawful process or other mandate of a court...
Criminal Contempt in the First Degree
Under Penal Law 215.51, a person is guilty of criminal contempt in the first degree when:
- intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument …
- intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by repeatedly following such person or engaging in a course of conduct or repeatedly committing acts over a period of time; ...
New York Defense Lawyer to Handle These Charges
If you are currently being charged with stalking, harassment, or the violation of an order of protection, contact the Law Offices of Jason Goldman.
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