NYSentencing

§ 120.50 Stalking in the third degree.
  A person is guilty of stalking in the third degree when he or she:
  1.  commits the crime of stalking in the fourth degree in violation of
section 120.45 of this article against three or more persons,  in  three
or  more  separate transactions, for which the actor has not been previ-
ously convicted; or
  2. commits the crime of stalking in the fourth degree in violation  of
section  120.45  of  this article against any person, and has previously
been convicted, within the preceding ten 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 present offense; or
  3. with intent to harass, annoy or alarm  a  specific  person,  inten-
tionally engages in a course of conduct directed at such person which is
likely  to cause such person to reasonably fear physical injury or seri-
ous physical injury, the commission of a sex  offense  against,  or  the
kidnapping, unlawful imprisonment or death of such person or a member of
such person's immediate family; or
  4.  commits  the crime of stalking in the fourth degree and has previ-
ously been convicted within the preceding ten years of stalking  in  the
fourth degree.
  Stalking in the third degree is a class A misdemeanor.
with Argument