Stalking Offenses State Statutes 2006
Compensation – Executive Law §631(11), (12)
Establishes eligibility for compensation from the Crime Victims Compensation Board (CVB) for certain victims of stalking, kidnapping, unlawful imprisonment, harassment, criminal contempt and menacing who have not been physically injured as a direct result of the crime. Compensation may cover loss of earnings or support; cost of counseling; the unreimbursed cost of repair or replacement of essential personal property that has been lost, damaged or destroyed; cost for security devices to enhance the personal protection of the victim; transportation expenses incurred for necessary court appearances and job or occupational training.
Emergency Awards and Awards for Relocation Expenses – Executive Law §§630, 631(2)
Provides emergency awards from CVB to victims where undue hardship will result to the claimant if immediate payment is not made. Amount of each emergency award cannot exceed $500 (maximum of $1,500), which is deducted from any final award made. Local crime victim service programs are authorized to provide emergency awards to victims for shelter costs and security services, among other needs, in the amount of $500. Enables victims of stalking and other crimes to seek reasonable relocation expenses not exceeding $2,500 from CVB.
Access to Justice
Anti-Stalking Laws – Penal Law §§120.45, 120.50, 120.55, 120.60
Criminalizes the act of stalking by focusing on perpetrator's conduct and the harm or potential harm to the victim, such as fear of material harm to health, safety of property and threats to the victim's job or career. Provisions cover not only the victim but her or his family and acquaintances and provides for increased penalties for repeat offenders.
Stalking by a Family Member – Family Court Act §812; Criminal Procedure Law §§530.11, 530.12
Provides for jurisdiction in both family and criminal court for stalking offenses. When stalking or harassment is carried out against a family member (related by blood or marriage, including former spouses and individuals with a child in common) both the family court and the criminal court have concurrent jurisdiction to hear the case and issue orders of protection, among other powers.
Suspension/Revocation of Firearm License – Criminal Procedure Law §530.14; Family Court Act §842-a
When issuing a temporary or permanent order of protection, the court must suspend, revoke and request the immediate surrender of all firearms owned and in possession of a defendant where such person has a prior conviction for stalking. Where the failure to obey an order of protection involves behavior constituting stalking, the court shall also revoke any existing firearm license of defendant, order defendant ineligible for such license and seek the immediate surrender of any firearm. The court may also do so if it finds substantial risk that the defendant may use or threaten to use a firearm unlawfully against the person(s) for whose safety an order of protection was issued pursuant to Criminal Procedure Law §§530.12, 530.13.
Warrants for Eavesdropping and Surveillance – Criminal Procedure Law §700.05(8)(p)
Includes stalking in the first and second degree among those offenses for which a court has authority to issue eavesdropping and video surveillance warrants to law enforcement.
Unlawful Practice of Video Voyeurism and Surveillance – Penal Law §§250.45, 250.50
Criminalizes acts of unlawful video voyeurism and surveillance. It is unlawful for someone to intentionally and for the purpose of degrading or abusing a person, or for his or her own or another person's sexual arousal, amusement, entertainment or profit or for no legitimate purpose (there is a rebuttable presumption against a legitimate purpose), use or install a digital, mechanical, or other electronic imaging device to secretly view, broadcast or record images of sexual or intimate body parts of an unknowing person at a time and place where that person has a reasonable expectation of privacy.
Unlawful Practice of Eavesdropping – Penal Law §250.05
Criminalizes eavesdropping when a person unlawfully engages in wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication.
Harassment by Mechanical or Electronic Means – Penal Law §240.30
Makes it a misdemeanor for a person, with intent to harass, annoy or threaten, to anonymously or otherwise communicate by telephone or any mechanical or electronic means in a manner likely to cause annoyance or alarm to another person.