Statute:

Stalking in the first degree

ยง 120.60 Stalking in the first degree.

A person is guilty of stalking in the first degree when he or she
commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 or stalking in the second degree as
defined in section 120.55 of this article and, in the course and
furtherance thereof, he or she:

1. intentionally or recklessly causes physical injury to the victim of
such crime; or

* 2. commits a class A misdemeanor defined in article one hundred
thirty of this chapter, or a class E felony defined in section 130.25,
130.40 or 130.85 of this chapter, or a class D felony defined in section
130.30 or 130.45 of this chapter.

* NB Effective until September 1, 2024

* 2. commits a class A misdemeanor defined in article one hundred
thirty of this chapter, or a class E felony defined in section 130.25,
former section 130.40 or section 130.85 of this chapter, or a class D
felony defined in former section 130.45 or section 130.30 of this
chapter.

* NB Effective September 1, 2024

Stalking in the first degree is a class D felony.

PEN 120.60 2024-02-02

Criminal Jury Instruction Links:



Causes fear and physical injury - PL 120.60(1)
Causes fear and commits a crime - PL 120.60(2)

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