Sponsored by:
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Creates a civil cause of action for stalking.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a civil cause of action for stalking and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Civil action for stalking.
A victim has a civil cause of action against an individual who engaged in conduct that is prohibited under P.L.1992, c.209 (C.2C:12-10), whether or not the individual has been charged or convicted for the alleged violation, for damages incurred by the victim as a result of that conduct, in addition to the costs for bringing the action. If compensatory damages are awarded, a victim may also be awarded punitive damages.
As used in this act:
"Compensatory damages" includes damages for all of the defendant's acts prohibited by P.L.1992, c.209 (C.2C:12-10).
"Victim" means a person who, as a result of the conduct of the defendant that is prohibited under P.L.1992, c.209 (C.2C:12-10), was placed in reasonable fear for his own personal safety or for the safety of a minor child of whom the person is a parent or legal guardian.
No action shall be commenced under this section beyond the applicable personal injury statute of limitations after the most recent conduct prohibited under P.L.1992, c.209 (C.2C:12-10).
2. This act shall take effect immediately.
STATEMENT
P.L. 1992, c.209 (C. 2C:12-10) created the criminal offense of stalking in New Jersey. This bill, in keeping with a growing trend nationwide to expand recourse options available to a stalking victim, creates a civil cause of action for stalking. In a criminal prosecution, the standard of proving criminal culpability is beyond a reasonable doubt. In a prosecution for stalking, elements of the offense can be difficult to establish; for example evidentiary issues involving physical or corroborating evidence of a stalking may not be readily available. By contrast, in a civil action, liability is proved by the lower preponderance of the evidence standard. It is the sponsor’s view that this lower standard of proof for civil actions will enable victims of stalking to receive compensation for the damage caused by the unlawful behavior.
The bill would provide stalking victims with a cause of action for monetary losses incurred as a result of a stalker's conduct. The jurisdictions which have enacted a statutory civil action for stalking are: California, Kentucky, Michigan, Nebraska, Oregon, Rhode Island, South Dakota, Texas, Virginia and Wyoming.