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Alec Baldwin’s Alleged Stalker Charged with Second Degree Aggravated Harassment & Fourth Degree Stalking: A Review of the NY Criminal Statutes

Alec Baldwin, the brash Long Island native known equally for his comedic skills, left leaning politics and abrasive rants against his daughter and a flight attendant, seems to be a victim of stalker. According to the Manhattan District Attorney’s Office and numerous media outlets, Genevieve Sabourin has been “hot to trot” with the eldest of the Baldwin clan. Unfortunately for the Canadian Sabourin, Baldwin is not interested in the 40 year old, but with the 28 year old Hilaria Thomas with whom he recently had a child. Even potentially more upsetting for the accused stalker, Sabourin now faces the wrath of Cyrus Vance, Jr. as his prosecutors filled a criminal court complaint charging her with numerous crimes including two counts of Aggravated Harassment in the Second Degree (New York Penal Law 240.30) and two counts of Stalking in the Fourth Degree (New York Penal Law 120.45). Regardless of whether or not Sabourin is ultimately convicted, the Manhattan Criminal Court will issue an Order of Protection or Restraining Order preventing Sabourin to have any contact what-so-ever with Baldwin. Unless the case is dismissed in some capacity, this Order of Protection will remain in place until the case is resolved and then a final Order will be issued.

The conduct that is the basis of these crimes stems from Sabourin’s alleged pursuit of Baldwin that including texting her love for the “30 Rock” actor as well as a desire to have his child. Compounding matters, it is alleged that Sabourin went to Baldwin’s home in Manhattan where she hoped to make further contact. This is not the first time law enforcement claims that Sabourin chased Jack Ryan as she recently tried to engage the actor at his Hamptons home.

In order for prosecutors to have a viable case against Sabourin they must prove beyond a reasonable doubt both Aggravated Harassment in the Second Degree and / or Stalking in the Fourth Degree. These crimes are punishable by up to one year and ninety days in jail respectively.

Sabourin is guilty of NY PL 240.30 if, with the intent to harass, threaten or annoy, she either communicated by telephone or written form in a manner likely to cause annoyance or alarm to Baldwin. Alternatively, she did the same by initiating a communication in written, electronic or telephonic means. This conduct would obviously include text messages. Additionally, a separate subsection of Harassment in the Second Degree is perpetrated if Sabourin actually made phone calls with no purpose of a legitimate conversation even if she never spoke with Baldwin.

Sabourin is guilty of NY PL 240.30 if, she intentionally, and with not legitimate purpose, engaged in a course of conduct towards Baldwin and she knew that her actions would likely cause reasonable fear for Baldwin’s health, safety of Baldwin’s property or member of his family. Alternatively, Sabourin’s actions actually cause or caused material harm to Baldwin’s mental health where her conduct was based in following or calling him. The last potential theory or subsection of Fourth Degree Stalking occurs where the accused, here Sabourin, initiated contact in person or by telephone at the victim’s place of employment and caused reasonable fear that the complainant’s employment would be impacted. These last two theories require that Sabourin was previously clearly advised to cease contact with and conduct towards Baldwin.

Whether or not Sabourin ultimately pleads to a crime or is offered a lesser non-criminal disposition, it is likely, as noted above, an Order of Protection will prevent her from having any contact with Baldwin. Should she not follow the court’s order, Sabourin would find herself hauled back into criminal court where she could face either a misdemeanor or felony charge of Criminal Contempt. For that reason alone, this case may remain on in the tabloids for weeks and months to come.

To learn about the crimes of Aggravated Harassment, Stalking and Criminal Contempt, either follow the links above or read about these and other crimes on the blogs and websites listed below.

Crotty Saland PC is a New York criminal defense firm. Established by two former Manhattan Assistant District Attorneys, the New York criminal defense attorneys at Crotty Saland PC represent clients in all stages of criminal litigation in New York City and the suburban counties.

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