NY · jury_instructions
CJI2d[NY] Penal Law § 120.50(3)
STALKING IN THE THIRD DEGREE (Intent to harass, annoy or alarm)
The (specify) count is Stalking in the Third Degree.
Under our law a person is guilty of Stalking in the Third Degree when he or she 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.
The following terms used in that definition have a special meaning: ²
INTENT means conscious objective or purpose. Thus, a person acts with INTENT to harass, annoy or alarm a specific person when his or her conscious objective or purpose is to do so.³ And, a person INTENTIONALLY engages in a course of conduct directed at a specific person when his or her conscious objective or purpose is to do so.⁴
[IMMEDIATE FAMILY means the spouse, former spouse, parent, child, sibling, or any other person who regularly resides or has regularly resided in the household of a person.⁵]
In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following three elements:
1. That on or about [and between] (date[s]), in the county of (county), the defendant (defendant’s name) engaged in a course of conduct directed at (specify);
2. That the defendant did so intentionally and with intent to harass, alarm or annoy (specify); and
3. That the course of conduct was likely to cause (specify) to reasonably fear
Select appropriate alternative(s):
physical injury to, [or]
serious physical injury to, [or]
the commission of a sex offense against, [or]
the kidnapping of, [or]
the unlawful imprisonment of,[or]
death of
himself/herself [or a member of his/her immediate family].]
If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.
History
Caption: STALKING IN THE THIRD DEGREE (Intent to harass, annoy or alarm) Penal Law § 120.50(3) (Committed on or after Dec. 1, 1999) (Revised Dec. 6, 2003). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
9c4037bc02aea2a8767675ef81fe368e0c4a38ee15a54dfe1501e0e8406bf3c5
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