2C:33-4 Harassment
Except as provided in
subsection 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.
d.
(Deleted by amendment,
P.L.2001, c.443).
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.
L.1978, c.95; amended 1983, c.334; 1990, c.87,
s.2; 1995, c.211, s.2; 1998, c.17, s.4; 2001, c.443, s.3.
2C:33-4.1 Crime of cyber-harassment.
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 years of age or older at
the time of the offense and impersonates a minor for the purpose of
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.