Public Awareness
OPDV Bulletin:
Overview of the Stalking Law
The Clinic Access and Anti-Stalking Act of 1999 created a new crime entitled "stalking" in the penal code. Notably, there are four degrees of stalking with each degree increasing in penalty as the behavior escalates or a stalker is convicted of a subsequent offense. Stalking was added to the list of family offenses, giving both criminal courts and the Family Court jurisdiction.
Previously, stalking-type behaviors were charged under menacing and harassment laws. Convicting perpetrators under these laws was often difficult because prosecutors had to prove that the stalker intended to scare or alarm another person. Stalkers could argue that they didn't mean to frighten or cause alarm by their actions. The new law focuses on the stalker's actual behavior. Prosecutors must now prove that the stalker intentionally behaved in a certain way toward a specific person, knowing (or should have known) that the behavior was likely to cause fear of harm. Fear is no longer limited to physical injury. The new law includes fear of harm to physical health, safety or property, mental or emotional health, or threat to employment, business or career.
The law extends protection to a greater range of victims. Victims who do not fall under New York's definition of family/household member are now covered if they were stalked by a person who regularly resides or has regularly resided in their household. In addition, a person can be charged under the law for stalking conduct that has been directed at the primary victim's immediate family or a third party with whom they are acquainted. The Act created changes in other sections of law affecting domestic violence victims, including firearms provisions and crime victim compensation.
