NY · jury_instructions
CJI2d[NY] Penal Law § 240.25
HARASSMENT IN THE FIRST DEGREE (Stalking)
The (specify) count is Harassment in the First Degree.
Under our law, a person is guilty of Harassment in the First Degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places, or by engaging in a course of conduct, or by repeatedly committing acts which places such person in reasonable fear of physical injury.¹
The following terms used in that definition have a special meaning:
PUBLIC PLACE means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, community centers, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.²
[NOTE: Add where appropriate:
TRANSPORTATION FACILITY means any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method. It includes aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations and all appurtenances thereto.³]
PHYSICAL INJURY means impairment of physical condition or substantial pain.⁴
A person INTENTIONALLY harasses another person when his or her conscious objective or purpose is to do so.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, both of the following two elements:
1. That on or about (date) , in the County of (county) , the defendant, (defendant's name), repeatedly harassed (specify) by following him/her in or about a public place or places, or by engaging in a course of conduct, or by repeatedly committing acts which placed him/her in reasonable fear of physical injury; and
2. That the defendant did so intentionally.
If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.
History
Caption: HARASSMENT IN THE FIRST DEGREE (Stalking) Penal Law § 240.25 (Committed on or after May 24, 1994). 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
4b30d736f926f6f6119db6599a4b9cc7c134788e910abc1a510e007f55453835
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