Legislative changes needed to close loopholes in NYS stalking laws, lawmakers say

Legislative changes are needed to close major loopholes in New York State’s stalking laws, which provide suspects the ability to continue harassing victims, particularly those they’ve never met or physically harmed, according to prosecutors, domestic violence experts and lawmakers.

These gaps, experts contend, were glaringly exposed when a New Jersey man was allowed to continue stalking and harassing Suffolk County nurse Melanie Smith for three years, with law enforcement seemingly unable, or unwilling, to take action.

While Smith’s alleged stalker, Michal Pacek, was eventually arrested and arraigned on new charges following Newsday’s coverage of her case, holes remain in stalking laws that leave victims vulnerable, according to Suffolk District Attorney Ray Tierney, whose office is prosecuting the truck driver.

"There are obvious holes in the law that are being exploited over and over again, and so we need to be responsive to that," Tierney told Newsday in an interview, adding that criminal justice and bail reform changes encourage defendants such as Pacek to not show in court, particularly on misdemeanors, leading to an "explosion of warrant cases that is unmanageable."

CREEP Act

Among the bills under consideration in Albany is the Ceasing Repeated and Extremely Egregious Predatory Act.

The bill, which unanimously passed the State Senate but has yet to receive a vote in the Democrat-controlled Assembly, would allow courts to issue orders of protection for victims even if they don’t have a familial or intimate relationship with the person stalking them, a provision required under existing law.

When Smith initially sought a protective order against Pacek, a Suffolk judge denied the request because the two had never met, records show. The order was granted only when Pacek was arrested after showing up at Smith's parents' home in Suffolk.

Jian Hong Shi, a legislative analyst at C.A. Goldberg, a Brooklyn-based victims’ rights law firm that has advocated for the CREEP Act, said "antiquated" state laws are not keeping pace with digital advancements, allowing perpetrators to technologically harass victims.

"Stalking is easy to be minimized because the harms are less visible than other forms of interpersonal violence," said Hong Shi, adding that New York is one of only seven states that have yet to update their stalking laws to fit the internet age. "The CREEP Act would help Melanie and many other people we've come in contact with. ... We're all just a moment away from becoming a target of obsession."

Among the bill's supporters are social activist Gloria Steinem, actor Amanda Seyfried and rapper Q-Tip.

Assemb. Charles Lavine (D-Glen Cove), chair of the Judiciary Committee and a co-sponsor of the CREEP Act, said while the bill "is long overdue," he questions whether if there's time to pass the measure before the legislative session ends on Thursday.

Assembly Speaker Carl Heastie's office (D-Bronx) did not respond to requests for comment.

Amanda Jack, policy director of the Manhattan-based Legal Aid Society, said the CREEP Act is unnecessary and the onus should be on police to arrest individuals who violate stalking laws.

"The laws allow for arrests for this kind of behavior, so, the question needs to be, 'why didn't the police take action' " in Smith's case, Jack said. 

Suffolk police contend they were not legally permitted to arrest Pacek on an out-of-state misdemeanor warrant. They previously stated they "continue to pursue every lawful avenue available to hold Pacek accountable."

'Common sense changes'

Adam Uris, Smith’s attorney and a former Brooklyn assistant district attorney, said while the CREEP Act is a good start, additional legislative changes are needed, including upgrading stalking offenses from a misdemeanor to a felony.

"The type of predatory stalking that Melanie has been subjected to should be penalized as a violent felony offense, which would ensure prison sentences for stalkers and might actually act as a deterrent instead of the current laws, which barely register in the minds of these dangerous offenders," Uris said. 

Tierney, a second-term district attorney, said his office supports the change — although he doubts it would gain traction in Albany — along with other fixes that would prevent misdemeanor charges from being dismissed if a defendant is found unfit to stand trial.

In 2024, Pacek was arrested on charges of misdemeanor stalking and aggravated harassment but he was found mentally unfit to stand trial and sent to a psychiatric facility. But when Pacek was released from that facility less than a day later, the charges were automatically dismissed and Smith's order of protection was vacated.

"If we implement a couple of these common sense changes, it would greatly enhance our protection of the victims," Tierney said, adding he also supports changes to keep orders of protection in place when there's an existing warrant for a defendant.

Meanwhile, current law also requires victims in some instances to contact their stalker to tell them to stop the harassment — a statute Tierney concedes is "poorly conceived."

"In [the stalker's] head, there is some sort of link or relationship, and any contact they have with that person could put them in harm's way," said Wendy Linsalata, executive director of L.I. Against Domestic Violence.

Nassau District Attorney Anne Donnelly said stalking now often occurs on social media, in comment sections and in direct text messages.

"Stalkers can exploit and victimize their targets from the comfort of their own couch, and they can do it incessantly in mere minutes," Donnelly said in a statement. "Our laws must keep pace so that we can continue to protect victims from harm. Passing legislation like the CREEP Act is a start to more fully protecting stalking victims, and I support further amendments to our criminal stalking statutes to fortify and strengthen them while giving prosecutors additional tools to effectively prosecute these cases."

Newsday asked Democratic Gov. Kathy Hochul and her expected GOP opponent in November, Nassau County Executive Bruce Blakeman, for legislative proposals they'd support to tighten stalking laws.

But in prepared statements, neither candidate's team provided specifics about how they'd address the issue, with Hochul spokesman Gordon Tepper saying the governor "has championed legislative and policy changes to better support victims and survivors."

Meanwhile, Blakeman spokeswoman Madison Spanodemos said Hochul's policies had "handed predators a license to terrorize, allowing monsters to haunt victims and still walk free."