Legal Question in Criminal Law in New York
Is it considered stalking (the arrestable offense) to text the woman that the husband is having an affair with as the wife who pays the phone bill, and lives in the residence that the mistress is calling?
The only contents of the texts the wife sent to the mistress include demands to stop calling the house phone, and one request for the mistress to call the wife to talk about the situation.
1 Answer from Attorneys
NY CLS Penal � 120.45. Stalking in the fourth degree. (1999)
A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:
is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or
causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person's immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or
is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person's place of employment or business, and the actor was previously clearly informed to cease that conduct.
Stalking in the fourth degree is a class B misdemeanor.
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