§ 120.55 Stalking in the second degree.
A person is guilty of stalking in the second degree when he or she:
1. commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 of this article and in the course of
and in furtherance of the commission of such offense: (i) displays, or
possesses and threatens the use of, a firearm, pistol, revolver, rifle,
shotgun, machine gun, electronic dart gun, electronic stun gun, cane
sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand
bag, sandclub, slingshot, slungshot, shirken, "kung fu star", dagger,
dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous
instrument, deadly instrumentdeadly weapon; or (ii) displays what
appears to be a pistol, revolver, rifle, shotgun, machine gun or other
firearm; or
2. commits the crime of stalking in the third degree in violation of
subdivision three of section 120.50 of this article against any person,
and has previously been convicted, within the preceding five years, of a
specified predicate crime as defined in subdivision five of section
120.40 of this article, and the victim of such specified predicate crime
is the victim, or an immediate family member of the victim, of the pres-
ent offense; or
3. commits the crime of stalking in the fourth degree and has previ-
ously been convicted of stalking in the third degree as defined in
subdivision four of section 120.50 of this article against any person;
or
4. being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or repeated-
ly commits acts over a period of time intentionally placing or attempt-
ing to place such person who is under the age of fourteen in reasonable
fear of physical injury, serious physical injury or death.
Stalking in the second degree is a class E felony.
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Link to CJI2d