[First Reprint]
SENATE, No. 1616
STATE OF NEW JERSEY
209th LEGISLATURE
INTRODUCED SEPTEMBER 21, 2000
Sponsored by:
Senator NORMAN M. ROBERTSON
District 34 (Essex and Passaic)
Senator ANTHONY R. BUCCO
District 25 (Morris)
Co-Sponsored by:
Senators Allen, Matheussen, Sinagra, Palaia, Kosco, Cafiero, Zane, Inverso, Assemblyman Talarico, Assemblywoman Vandervalk, Assemblymen Augustine, Blee, Asselta, Azzolina, Corodemus, Assemblywoman Crecco, Assemblymen DiGaetano, Felice, Geist, Gibson, Assemblywoman Heck, Assemblymen Kelly, LeFevre, T.Smith, Thompson and Zecker
SYNOPSIS
Criminalizes the use of the Internet and other electronic communication devices to commit harassment or stalking.
CURRENT VERSION OF TEXT
As amended by the Senate on February 15, 2001.
(Sponsorship Updated As Of: 6/29/2001)
An Act concerning certain criminal activities and amending 1[N.J.S.2C:33-4] N.J.S. 2C:1-141 and P.L.1992, c.209.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. N.J.S.2C:33-4 is amended to read as follows:
2C:33-4. Harassment.
Except as provided in subsections d. and e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or 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. A communication under subsection a. includes but is not limited to a communication made by means of an electronic communication device. "Electronic communication device" includes, but is not limited to, a telephone, cellular phone, computer, video recorder, fax machine, or pager.
d. A person commits a crime of the fourth degree if in committing an offense under this section, he acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation or ethnicity.
e. A person commits a crime of the fourth 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.
(cf: P.L.1998, c.17, s.4)]1
11. N.J.S. 2C:1-14 is amended to read as follows:
2C:1-14. In this code, unless a different meaning plainly is required:
a. "Statute" includes the Constitution and a local law or ordinance of a political subdivision of the State;
b. "Act" or "action" means a bodily movement whether voluntary or involuntary;
c. "Omission" means a failure to act;
d. "Conduct" means an action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions;
e. "Actor" includes, where relevant, a person guilty of an omission;
f. "Acted" includes, where relevant, "omitted to act";
g. "Person," "he," and "actor" include any natural person and, where relevant, a corporation or an unincorporated association;
h. "Element of an offense" means (1) such conduct or (2) such attendant circumstances or (3) such a result of conduct as
(a) Is included in the description of the forbidden conduct in the definition of the offense;
(b) Establishes the required kind of culpability;
(c) Negatives an excuse or justification for such conduct;
(d) Negatives a defense under the statute of limitations; or
(e) Establishes jurisdiction or venue;
i. "Material element of an offense" means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with (1) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (2) the existence of a justification or excuse for such conduct;
j. "Reasonably believes" or "reasonable belief" designates a belief the holding of which does not make the actor reckless or criminally negligent;
k. "Offense" means a crime, a disorderly persons offense or a petty disorderly persons offense unless a particular section in this code is intended to apply to less than all three;
l. (Deleted by amendment, P.L.1991, c.91).
m. "Amount involved," "benefit," and other terms of value. Where it is necessary in this act to determine value, for purposes of fixing the degree of an offense, that value shall be the fair market value at the time and place of the operative act.
n. "Motor vehicle" shall have the meaning provided in R.S.39:1-1.
o. "Unlawful taking of a motor vehicle" means conduct prohibited under N.J.S.2C:20-10 when the means of conveyance taken, operated or controlled is a motor vehicle.
p. "Research facility" means any building, laboratory, institution, organization, school, or person engaged in research, testing, educational or experimental activities, or any commercial or academic enterprise that uses warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education. A research facility includes, but is not limited to, any enclosure, separately secured yard, pad, pond, vehicle, building structure or premises or separately secured portion thereof.
q. "Communication" means any form of communication made by any means, including, but not limited to, any verbal or written communication, communications conveyed by any electronic communication device, which includes but is not limited to, a wire, radio, electromagnetic, photoelectric or photo-optical system, telephone, including a cordless, cellular or digital telephone, computer, video recorder, fax machine, pager, or any other means of transmitting voice or data and communications made by sign or gesture.1
(cf: P.L.1995,c.20,s.1)
2. Section 1 of P.L.1992, c.209 (C.2C:12-10) is amended to read as follows:
1. a. As used in this act:
(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying , or causing to be conveyed, verbal or written threats or threats conveyed by 1[an electronic communication device] any other means of communication1 or threats implied by conduct or a combination thereof directed at or toward a person.
(2) "Repeatedly" means on two or more occasions.
(3) "Immediate family" means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.
1[(4) "Electronic communication device" includes, but is not limited to, a telephone, cellular phone, computer, video recorder, fax machine, or pager.]1
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 bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family.
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.
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.1999, c.47, s.1)
3. This act shall take effect immediately.