S3010

An Act concerning penalties for stalking and harassment, and amending P.L.1992, c.209 and N.J.S.2C:33-4.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1992, c.209 (C.2C:12-10) is amended as follows:

1. a. As used in this act:

(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.

(2) "Repeatedly" means on two or more occasions.

(3) "Emotional distress" means significant mental suffering or distress.

(4) "Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.

c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.

d. A person who commits a second or subsequent offense of stalking [against the same victim] is guilty of a crime of the third degree. A person convicted of a second or subsequent offense under this subsection shall be sentenced to a mandatory minimum term of imprisonment of three years, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.

e. A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.

f. This act shall not apply to conduct which occurs during organized group picketing.

(cf. P.L.2009, c.28)

2. N.J.S.2C:33-4 is amended as follows:

2C:33-4. Harassment. Except as provided in subsection e., a person commits a [petty disorderly persons offense] crime of the fourth degree if, with purpose to harass another, he:

a. Makes, or causes to be made, one or more communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

d. (Deleted by amendment, P.L.2001, c.443).

e. A person commits a crime of the [fourth] third degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States or he knowingly directs such action to a current or former judge that relates to the performance of the judge's public duties.

f. A person who commits a second or subsequent offense of harassment is guilty of a crime of the third degree. A person convicted of a second or subsequent offense under this subsection shall be sentenced to a mandatory minimum term of imprisonment of three years, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.

(cf: P.L.2021, c.327, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill increases penalties for a first offense of harassment and for second or subsequent stalking or harassment offenses.

Under current law, a person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress. A crime of the fourth degree is generally punishable by a term of up to 18 months, a fine of up to $10,000, or both. Currently, a person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree. A crime of the third degree is generally punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. This bill amends the law to make it a crime of the third degree where an actor is convicted of a second or subsequent offense of stalking of any person and requires the court to impose a mandatory term of three years imprisonment without eligibility for parole on a defendant who is convicted of a second offense of stalking or harassment.

Under current law, harassment is a petty disorderly persons offense. A petty disorderly persons offense is punishable by imprisonment for up to 30 days, a fine of up to $500, or both. This bill amends the law to make harassment a crime of the fourth degree and mandates that a person who commits a second or subsequent offense of harassment is guilty of a crime of the third degree. The actor is to serve a mandatory term of three years without eligibility for parole.

Under current law, a person commits a crime of the third degree if, in committing an offense of harassment, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States or he knowingly directs such action to a current or former judge that relates to the performance of the judge's public duties. This bill amends the law to mirror the penalties for stalking where an actor is convicted of harassment while serving a term of imprisonment or who was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, and makes these actions a crime of the third degree.

The sponsor’s intent is to significantly increase the penalty for second or subsequent offenses of stalking or harassment in order to deter these types of criminal activity.