Monday, January 2, 2017

2C:33-4.1 Crime of cyber-harassment NJ

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 persons 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, 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.

L.2013, c.272, s.l.