Bill Text: NJ A4448 | 2018-2019 | Regular Session | Amended

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Bill Title: Establishes fourth degree crime of cyber-interference.*

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2019-06-13 - Reported from Assembly Comm. as a Substitute, 2nd Reading [A4448 Detail]

Download: New_Jersey-2018-A4448-Amended.html

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[First Reprint]

ASSEMBLY, No. 4448

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 17, 2018

 

 

Sponsored by:

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblywoman  JOANN DOWNEY

District 11 (Monmouth)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblyman Mukherji and Assemblywoman Sumter

 

 

 

 

SYNOPSIS

     Expands cyber-harassment to include tampering or interfering with electronic devices.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Law and Public Safety Committee on May 13, 2019, with amendments.

  

An Act concerning cyber-harassment and amending P.L.2013, c.272.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.2013, c.272 (C.2C:33-4.1) is amended to read as follows: 

     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.

     e.     Cyber-harassment is a crime of the fourth degree if, with the purpose to harass another and in a manner likely to cause annoyance or alarm, a person tampers or interferes with ¹[,]¹ any software, computer, cell phone, or any other electronic device.  As used in this subsection, an "electronic device" includes ¹,¹ but is not limited to, a smart home device or system, home security system, computer, digital camera, wireless or portable equipment, entertainment systems ¹,¹ or any other device that is capable of transmitting, receiving, or recording messages, images, sounds, data, or other information by electronic means.

(cf: P.L.2013, c.272, s.1)

 

     2.    This act shall take effect immediately.