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New
Jersey
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case. * See Legislative Updates for New
Jersey
N.J. Stat. § 2C:12-10. Definitions; stalking designated a crime;
degrees.(2009)
- 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.
- 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 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.
- 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 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.
- This act shall not apply to
conduct which occurs during organized group
picketing.
Amendment Note: 2009 amendment, by Chapter 28, in
a.(1), inserted "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", added
present a.(3) and a.(4), and deleted former a.(3), which read: "'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"; and in b., substituted "to fear for his safety or the safety of
a third person or suffer other emotional distress" for "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."
N.J.
Stat. § 2C:12-10.1. Conviction for stalking, permanent
restraining order. (1996)
- A judgment of conviction for
stalking shall operate as an application for a permanent restraining order
limiting the contact of the defendant and the victim who was
stalked.
- A hearing shall be held on the
application for a permanent restraining order at the time of the verdict or
plea of guilty unless the victim requests otherwise. This hearing shall be in
Superior Court. A permanent restraining order may grant the following specific
relief:
(1)
An
order restraining the defendant from entering the residence, property, school,
or place of employment of the victim and requiring the defendant to stay away
from any specified place that is named in the order and is frequented regularly
by the victim.
(2)
An
order restraining the defendant from making contact with the victim, including
an order forbidding the defendant from personally or through an agent initiating
any communication likely to cause annoyance or alarm including, but not limited
to, personal, written, or telephone contact with the victim, the victim's
employers, employees, or fellow workers, or others with whom communication would
be likely to cause annoyance or alarm to the victim.
- The permanent restraining order
entered by the court subsequent to a conviction for stalking as provided in
this act may be dissolved upon the application of the stalking victim to the
court which granted the order.
- Notice of permanent restraining
orders issued pursuant to this act shall be sent by the clerk of the court or
other person designated by the court to the appropriate chiefs of police,
members of the State Police and any other appropriate law enforcement agency
or court.
- Any permanent restraining order
issued pursuant to this act shall be in effect throughout the State, and shall
be enforced by all law enforcement officers.
- A violation by the defendant of
an order issued pursuant to this act shall constitute an offense under
subsection a. of N.J.S.2C:29-9
and each order shall so state. Violations of these orders may be enforced in a
civil or criminal action initiated by the stalking victim or by the court, on
its own motion, pursuant to applicable court rules. Nothing in this act shall
preclude the filing of a criminal complaint for stalking based on the same act
which is the basis for the violation of the permanent restraining
order.
N.J. Stat. §
2C:33-4.
Harassment.
(2002)
Except as provided in subsection
e., a person commits a petty disorderly persons offense if, with purpose to
harass another, he:
- 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;
- Subjects another to striking,
kicking, shoving, or other offensive touching, or threatens to do so;
or
- 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.
- (Deleted by amendment, P.L.
2001, c. 443).
- 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.
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