Res. No.
Resolution calling on the New York State legislature to pass, and the Governor to sign, S.3394-A/A.3226-A, the ceasing repeated and extremely egregious predatory (CREEP) behavior act
By Council Member Ung
Whereas, Stalking is a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear; and
Whereas, It is a crime that often involves the use of power and control and can result in physical violence and/or psychological trauma; and
Whereas, Data from the National Intimate Partner & Sexual Violence Survey demonstrate that, in the United States, 1 in 6 women and 1 in 17 men have experienced stalking at some point in their lives during which they felt very fearful or believed that they or someone close to them would be harmed or killed; and
Whereas, Currently, victims of predatory stalking and harassing behaviors who wish to secure an order of protection, commonly known as a restraining order, against their perpetrators may do so in one of three ways in the state of New York; and
Whereas, Firstly, a victim can secure a restraining order through criminal court, where a judge may issue the order against a defendant as a condition of their release and/or bail in a criminal case; and
Whereas, A second means of obtaining an order of protection in New York is through family court, which hears cases involving children and families as well as persons who have been in an "intimate relationship," defined by factors such as the nature and duration of the relationship and frequency of interactions; and
Whereas, The third and final means of obtaining an order of protection in New York is through Supreme Court, but only as part of an ongoing divorce proceeding between separating spouses; and
Whereas, None of these three forms of recourse provide an easy remedy for victims of harassment, as many victims of this type of crime need immediate relief from their offenders in a way that simply cannot be delivered through the criminal justice system, and which may not fit the definition of intimate partner violence that falls under the jurisdiction of family court; and
Whereas, Modern stalking is exacerbated by technology and virtual stalking can quickly escalate into in-person confrontations and violence; and
Whereas, Not only has the digital revolution enabled an entirely new type of criminal behavior, such as “revenge porn”, "upskirting" where an individual takes sexually intrusive photo-graphs or videos without permission, online stalking, and more, but it has also altered the way we discover and define new relationships; and
Whereas, According to the U.S. Department of Justice, approximately 1 in 4 stalking victims report some form of cyberstalking, such as identity theft, threats through email or text message, and tracking location or online activity; and
Whereas, S.3394-A/A.3226-A, called the Ceasing Repeated, Extremely Egregious, and Predatory (CREEP) Behavior Act, follows the lead of 43 other states in enabling orders of protection called "anti-stalking orders" through civil courts of general jurisdiction rather than solely through criminal courts or specialized family courts; and
Whereas, In creating a new, more easily obtained order of protection through the civil court system, the CREEP Act modernizes New York's order of protection system to account for the broader, digitized landscape in which harassment now occurs; and
Whereas, It will provide immediate relief to victims of harassing behavior without a prerequisite arrest, better protecting victims for whom the existing methods of obtaining an order of protection are out of reach; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State legislature to pass, and the Governor to sign, S.3394-A/A.3226-A, the ceasing repeated and extremely egregious predatory (CREEP) behavior act.
KS
LS 19284
4/22/2026 1:45 PM