Governor signed new law which Creates crime of cyber-harassment
A-3785/S-2469 (Quijano, Mainor, Eustace, Wimberly/Norcross,
Sacco)
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The bill creates the
crime of cyber-harassment. The bill provides that a person commits the
crime of cyber-harassment if, while online using any electronic device or using
a social networking site and with the purpose to harass another, that
person: 1) threatens to injure or harm a person or that person’s
property; 2) knowingly sends, posts, comments, requests, suggests, or proposes
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 a crime
against a person or his or her property.
The bill provides that cyber-harassment is a crime of the fourth degree, which
is punishable by up to 18 months imprisonment, a fine of up to $10,000, or
both. However, if the offender is over age 21 at the time of the offense
and impersonates a minor for the purpose of cyber-harassing a minor,
cyber-harassment is a crime of the third degree. A crime of the third
degree is punishable by three to five years imprisonment, a fine of up to
$15,000, or both.
If a minor under age 16 is adjudicated delinquent for cyber-harassment, the
court may order as a condition of the sentence that the minor, accompanied by
his or her 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.
If a parent or guardian fails to accompany his or her child to the class or
training program, the parent or guardian would be guilty of a disorderly
persons offense and fined up to $25 for a first offense and up to $100 for each
subsequent offense.
COMMITTEE AMENDMENT:
The committee amendment clarifies that, in order to commit the crime of
cyber-harassment, the offender must knowingly send or post 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.
BE IT ENACTED by the Senate and General Assembly of the State of New
Jersey:
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) 1knowingly1 sends, posts, comments,
requests, suggests, or proposes any lewd, indecent, or obscene material to or
about a person 1with the intent to emotionally harm a reasonable
person or place a reasonable person in fear of physical or emotional harm to
his person1; 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.
2. This act shall take effect immediately.
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