§ 120.55 Stalking in the second degree.\n A person is guilty of stalking in the second degree when he or she:\n 1. Commits the crime of stalking in the third degree as defined in\nsubdivision three of section 120.50 of this article and in the course of\nand in furtherance of the commission of such offense: (i) displays, or\npossesses and threatens the use of, a firearm, pistol, revolver, rifle,\nshotgun, machine gun, electronic dart gun, electronic stun gun, cane\nsword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles,\nchuka stick, sand bag, sandclub, slingshot, slungshot, shuriken,\nthrowing star, dagger, dangerous knife, dirk, razor, stiletto, imitation\npistol, dangerous instrument, deadly instrument or deadly weapon; or\n(ii) displays what appears to be a pistol, revolver, rifle, shotgun,\nmachine gun or other firearm; or\n 2. Commits the crime of stalking in the third degree in violation of\nsubdivision three of section 120.50 of this article against any person,\nand has previously been convicted, within the preceding five years, of a\nspecified predicate crime as defined in subdivision five of section\n120.40 of this article, and the victim of such specified predicate crime\nis the victim, or an immediate family member of the victim, of the\npresent offense; or\n 3. Commits the crime of stalking in the fourth degree and has\npreviously been convicted of stalking in the third degree as defined in\nsubdivision four of section 120.50 of this article against any person;\nor\n 4. Being twenty-one years of age or older, repeatedly follows a person\nunder the age of fourteen or engages in a course of conduct or\nrepeatedly commits acts over a period of time intentionally placing or\nattempting to place such person who is under the age of fourteen in\nreasonable fear of physical injury, serious physical injury or death; or\n 5. Commits the crime of stalking in the third degree, as defined in\nsubdivision three of section 120.50 of this article, against ten or more\npersons, in ten or more separate transactions, for which the actor has\nnot been previously convicted.\n Stalking in the second degree is a class E felony.\n
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