120.55 - Stalking in the second degree.

§ 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  present offense; or    3. Commits the  crime  of  stalking  in  the  fourth  degree  and  has  previously  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  repeatedly commits acts over a period of time intentionally  placing  or  attempting  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.