Harassment and stalking are distinct offenses under New York law, but they frequently intersect and are often charged together. Both involve unwanted conduct directed at another person, and both can be prosecuted based on communications — texts, emails, social media posts, voicemails, or phone calls — in addition to physical conduct.

Harassment in the second degree (PL §240.26) is a violation — the lowest level of offense — but it is still a criminal matter with real consequences. Aggravated harassment in the second degree (PL §240.30) is a Class A misdemeanor and covers threatening communications made with intent to harass, annoy, or alarm. Stalking charges are broken into four degrees under PL Article 120-a. Stalking in the fourth degree (PL §120.45) applies to intentional conduct that places a person in fear of harm; stalking in the first degree (PL §120.60) — the most serious classification — can be charged as a Class B felony when the conduct involves the use or threatened use of a weapon, physical injury, or prior stalking convictions.

The consequences of a harassment or stalking charge extend well beyond what most people expect when they first hear the word “misdemeanor.” Even at the lower end of the spectrum, a harassment conviction in New York creates a permanent criminal record. That record shows up in background checks — the kind employers run before making a hire, landlords run before signing a lease, and licensing boards review before granting a professional credential. It can affect custody proceedings. For non-U.S. citizens, it can trigger immigration consequences that put legal status at risk. And in today’s environment, where so much of daily life and professional activity is visible online, the reputational damage from a harassment or stalking charge can follow a person indefinitely.

At Nonaj Law, we carefully examine the communications at issue, the relationship between the parties, and whether the conduct genuinely meets the legal threshold for criminal liability.