NYSentencing

§ 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,  plastic  knuckles,  metal  knuckles,
chuka stick, sand bag, sandclub, slingshot, slungshot, shirken, "Kung Fu
Star", dagger, dangerous knife, dirk, razor, stiletto, imitation pistol,
dangerous  instrument,  deadly  instrument  or  deadly  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; or
  5. Commits the crime of stalking in the third degree,  as  defined  in
subdivision three of section 120.50 of this article, against ten or more
persons,  in  ten or more separate transactions, for which the actor has
not been previously convicted.
  Stalking in the second degree is a class E felony.
with Argument