Harassment in New Jersey: N.J.S.A. 2C:33-4
The New Jersey statute governing harassment is N.J.S.A. 2C:33-4 which states in pertinent part:
N.J.S.A. 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.
What Constitutes Harassment in New Jersey?
Harassment constitutes a Petty Disorderly Persons Offense in New Jersey. However, if the individual was on parole or probation for an indictable offense, the charge is enhanced and becomes a Fourth Degree crime. There is often a very fine line between harassment and conduct which does not constitute a crime in the State of New Jersey. Often, the question becomes whether the individual acted with the intent or purpose to harass another. If the state cannot prove the element of intent, the harassment charge will not stand.
If you have been charged with harassment, you can only make a well-informed decision about how to proceed after discussing your case with an attorney with the appropriate experience. If you would like to speak with me, call 1-732-845-3203 or e-mail Ray at firstname.lastname@example.org to set up a consultation.
I represent clients who have received a summons or been arrested on a wide variety of assault & threat crimes, defending them throughout New Jersey.