ALBANY, N.Y. (NEXSTAR) — State Sen. Andrew Gounardes and Assemblymember Jessica González-Rojas rolled out their “Ceasing Repeated and Extremely Egregious Predatory Behavior” Act—the CREEP Act—at the State Capitol on Tuesday. The bill would let victims of repeated harassment or stalking—online or in person—get a civil protective order without having to wait for criminal charges to be filed.
Currently in New York, civil orders of protection can only be granted to family members or people in intimate relationships. Under the CREEP Act, any New Yorker could petition for an “anti-stalking order” in a civil court if they’re facing threats, unwanted contact, or digital harassment.
The bill—S3394/A3226—would define stalking to include offenses like menacing, assault, harassment, identity theft, and the unlawful publication of intimate images. It would also add protection against the misuse of “connected devices,” any internet-enabled hardware.
A victim would have to go to the Supreme Court clerk’s office in their county and get an Article 63-B petition form, which the clerk would file for free on the same day. A judge would be able to grant a temporary order immediately, barring calls, texts, emails, packages, using “connected devices” in the victim’s home or car, or coming within a set distance of the victim’s home, work, or school.
Usually within a few days of that temporary order—preventing both contact and in-person visits—the court holds a full hearing to review sworn statements and accept testimony. If they were to issue a final order afterward, it could expand to require the stalker to pay court fees, medical expenses, or lost wages caused by the stalking.
Law enforcement would serve the order through the local sheriff or by a secure electronic transmission. Police would be able to arrest anyone who breaks such an order for criminal contempt—a misdemeanor—or aggravated contempt—a felony.
The bill sponsors—González-Rojas and Andrew Gounardes—agreed that most stalking victims don’t fit into New York’s outdated and narrow family court definitions. At the press conference, Gounardes noted that current anti-stalking measures are slow, leaving many victims unprotected:
And González-Rojas, herself a survivor of sexual violence, warned that stalking often leads to violence. She offered the statistic that 85% of women homicide victims or attempted homicide victims were first stalked by their attacker:
She made the case that New York has fallen behind. “Forty-three states across the country have laws in place that protect survivors of stalking. Forty-three! We are among the remaining seven that do not,” González-Rojas said.
Republican Assemblymember Brian Mahar, a member of the Minority Task Force on Human Trafficking, joined the Tuesday press conference to show support for the bill. He said it represents a new set of tools for the next generation, which includes his own three children:
“When it comes to laws like this, there is nothing partisan about them,” Mahar said.
Advocates from RAINN—the Rape, Abuse, and Incest National Network—say that not even one in three victims reports stalking to the police, statistically speaking.
If passed in both chambers of the legislature, the CREEP Act would take effect 180 days after it becomes law, letting the court system adapt.
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