Bill Text: NJ S2524 | 2010-2011 | Regular Session | Introduced
Bill Title: Upgrades offense of harassment under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2524 Detail]
Download: New_Jersey-2010-S2524-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Upgrades offense of harassment under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning harassment and amending N.J.S.2C:33-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:33-4 is amended to read as follows:
Except as provided in subsection e., f. or g., 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:
(1) anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
(2) which exposes or publicizes any secret or any asserted fact, whether true or false, tending to subject another person to hatred, contempt or ridicule;
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, embarrass, humiliate 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.
f. A person commits a crime of the fourth degree if, in committing an offense under this section, he makes or causes to be made a communication or communications in violation of this section by electronic means, to persons other than the victim or in such manner that persons other than the victim may readily observe the communication or communications. For purposes of this subsection, "electronic means" shall have the same meaning as that term is defined in P.L.1993, c.291 (C.2C:13-6).
g. A person commits a crime of the third degree if he purposely commits an offense under this section which involves conduct that a reasonable person would believe is likely to cause another person to suffer bodily injury or extreme emotional distress. For purposes of this section, "extreme emotional distress" means mental suffering or distress of an extreme nature or degree such that it would significantly impair a reasonable person's ability to function normally.
(cf: P.L.2001, c.443, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill would upgrade the offense of harassment under certain circumstances and create a new type of harassment offense.
Under current law, set out in N.J.S.A.2C:33-4, a person is guilty of the petty disorderly persons offense of harassment 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.
Under the bill, a person would also be guilty of harassment if he makes, or causes to be made, a communication which exposes or publicizes any secret or any asserted fact, whether true or false, tending to subject another person to hatred, contempt or ridicule. The bill also adds new language to the provision concerning "any other course of alarming conduct or of repeatedly committed acts" in current law, providing that a person is guilty of harassment if the purpose is to embarrass or humiliate the other person.
Currently, it is a crime of the fourth degree to commit harassment while serving a term of imprisonment or while on parole or probation as a result of a conviction of an indictable offense.
The bill would add two new harassment crimes.
(1) The bill provides that a person is guilty of a crime of the fourth degree if, in committing a harassment offense, he makes or causes to be made a communication in violation of N.J.S.A.2C:33-4 by electronic means, to persons other than the victim or in such manner that persons other than the victim may readily observe the communication.
(2) The bill makes it a crime of the third degree to purposely commit a harassment offense which involves conduct that a reasonable person would believe is likely to cause another person to suffer bodily injury or extreme emotional distress. The bill defines "extreme emotional distress" as mental suffering or distress of an extreme nature or degree such that it would significantly impair a reasonable person's ability to function normally.
This bill is part of the Attorney General's initiative concerning Internet safety.
