S4243

An Act concerning electronic crimes, amending P.L.1992, c.209 and supplementing Title 2C of the Revised Statutes.

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 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; 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.

(5) “Cyberstalking” means:

(i) To engage in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to a specific person; and

(ii) To access, or attempt to access, the online accounts or internet connected home electronic systems of another person without that person’s permission, causing substantial emotional distress to that person and serving no legitimate purpose.

b. A person is guilty of stalking or cyberstalking, 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.

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, s.1)

2. (New Section) As used in this section, the term “electronic record” means any record created, modified, archived, received, or distributed electronically which contains any combination of text, graphics, video, audio, or pictorial represented in digital form, but does not include a telephone call.

It is unlawful for any person to send, post, or transmit, or procure the sending, posting, or transmission of, in a writing or other record, including an electronic record, in any manner in which it may be viewed by another person, when in such writing or record the person makes a threat to:

a. Kill or to do bodily harm to another person; or

b. Conduct a mass shooting or an act of terrorism.

A violation of this section is a crime in the second degree if it occurs during a declared period of national, State or county emergency.

A person is guilty of a crime of the third degree if the threat is made with the purpose to put others in imminent fear of death under circumstances reasonably causing victims to believe the immediacy of the threat and the likelihood that it will be carried out.

3. This act shall take effect immediately.

STATEMENT

This bill amends section 1 of P.L.1992, c.209 by adding and defining “cyberstalking.” This is defined as engaging in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images or language by or through the use of electronic mail or communication, directed at or pertaining to a specific person, which causes substantial emotional distress to that person and serves no legitimate purpose.

Additionally, this bill prohibits a person from sending, posting, or transmitting, or from procuring the sending, posting, or transmission of a written or electronic record when in such record the person makes a threat to kill or to do bodily harm to another person or to conduct a mass shooting or an act of terrorism. The crime may be one of the third or second degree, depending on the circumstances of the threats.