Sponsored by:
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
SYNOPSIS
Broadens statute that criminalizes cyber-harassment of minor.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning cyber-harassment and amending P.L. 2013, c.272.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2013, c.272 (C.2C:33-4.1) is amended to read as follows:
1. a. A person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
(1) threatens to inflict injury or physical harm to any person or the property of any person;
(2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
(3) threatens to commit any crime against the person or the person's property.
b. Cyber-harassment is a crime of the fourth degree, unless the person is [21] 18 years of age or older at the time of the offense and [impersonates a minor for the purpose of] engages in cyber-harassing a minor, in which case it is a crime of the third degree.
c. If a minor under the age of 16 is adjudicated delinquent for cyber-harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following:
(1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or
(2) a class or training program intended to bring awareness to the dangers associated with cyber-harassment.
d. A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $25 for a first offense and not more than $100 for each subsequent offense.
(cf: P.L.2013, c.272, s.1)
2. This act shall take effect immediately.
STATEMENT
Under current law, cyber-harassment is a crime of the third degree if the offender is 21 or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor. This bill broadens the statute to provide that a person is guilty of this offense if the person is 18 or older and engages in cyber-harassing a minor. This bill eliminates the provision that a person must impersonate a minor in order to be guilty of the offense. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.