Facing accusations of cyberstalking can have serious consequences. As a result, if you have been charged with cyberstalking in New Jersey, you need to be prepared to defend yourself by all means available. To ensure that you are making informed decisions with your long-term best interests in mind, you should consult with an experienced New Jersey cyberstalking lawyer as soon as possible.
Cyberstalking Crimes in New Jersey
Cyberstalking is outlawed under Section 2C:33-4.1 of the New Jersey Revised Statutes. Under this section of the law, you can be convicted of a crime if you do any of the following on social media, via text, or through any other means of electronic communication “with the purpose to harass another”:
- Threaten to commit a crime against the recipient or target of the communication;
- Threaten to commit a crime against the recipient’s or target’s property;
- Threaten to inflict physical injury to any person;
- Threaten to cause physical harm to any person’s property; or,
- Knowingly send, request, suggest, or propose “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.”
In short, accusations of cyberstalking can take many different forms. As discussed below, all forms of cyberstalking carry the same penalties (though penalties can vary based on other factors). If you are facing cyberstalking charges in New Jersey, making sure you know the specific allegations against you will be a critical first step toward building an informed defense strategy.
Penalties for Cyberstalking in New Jersey
Under Section 2C:33-4.1, cyberstalking is a fourth-degree indictable offense in most cases. However, prosecutors can pursue third-degree charges in certain circumstances, and minors charged with cyberstalking may face delinquency proceedings in juvenile court instead of being charged with a crime.
When cyberstalking is prosecuted as a fourth-degree indictable offense, potential penalties include:
- Up to 18 months in prison, and
- Up to a $10,000 fine.
When cyberstalking is prosecuted as a third-degree indictable offense, potential penalties include:
- Three to five years in prison, and
- Up to a $15,000 fine.
These are in addition to the other consequences of having a criminal conviction on your record in New Jersey. While sending a lewd text message or posting something threatening on social media might seem like a minor offense, it is not in New Jersey. If you have been charged with cyberstalking under New Jersey law, a conviction will be life-altering, and you owe it to yourself to do everything you can to avoid unnecessary consequences.
Defenses to New Jersey Cyberstalking Charges
How can you avoid unnecessary consequences if you have been charged with cyberstalking in New Jersey? The answer to this question depends on the specific details of your case. While there are a variety of potential defenses, you need to focus on identifying those that apply to the specific circumstances at hand.
With this in mind, some examples of defenses an experienced New Jersey cyberstalking lawyer may be able to assert on your behalf include:
No “Purpose to Harass Another”
With all forms of cyberstalking under Section 2C:33-4.1, prosecutors must be able to prove that you acted with the “purpose to harass another.” If you did not act with this purpose—or if prosecutors cannot prove that you acted with this purpose—you do not deserve to face a life-altering cyberstalking conviction.
Proving that you acted with the “purpose to harass another” requires evidence of your mental state (or mens rea) at the time of the alleged offense. While prosecutors may be able to use the language in your message or post (or in other messages or posts) to argue that you acted with the requisite “purpose,” challenging the prosecution’s evidence of mens rea will be a key defense strategy in many cases.
You Did Not Act “Knowingly”
To secure a conviction for sending lewd, indecent, or obscene material, prosecutors must be able to prove that you acted “knowingly.” This is in addition to—and separate from—proving that you acted with the “purpose to harass another.” Here too, if prosecutors cannot prove that you had the mental state required for criminal culpability, a cyberstalking conviction is unwarranted.
Mistaken Identity
Did someone else send a message from your phone? Did someone else post on your social media? Is it possible that either of these occurrences took place? If so, you may be able to defend against your cyberstalking charge by asserting the defense of mistaken identity. While prosecutors may be able to use geolocation data and the timing of the message or post in question to tie you to the alleged offense, this will be a viable defense in some cases. Remember, you don’t have to prove you are innocent—you just have to raise a reasonable doubt as to whether you are guilty.
Violations of Your Constitutional Rights
If the police seized your phone or raided your home in violation of the Fourth Amendment, the prosecution’s evidence against you could be inadmissible in court. Without admissible evidence, prosecutors won’t be able to secure a conviction. Violations of your right to remain silent, your right to a speedy trial, your right to counsel, or any of your other constitutional rights could serve as defenses to your cyberstalking charge as well.
Insufficient Evidence of Guilt
Regardless of the facts of your case, prosecutors must be able to prove your guilt beyond a reasonable doubt. If prosecutors have insufficient evidence of guilt, they won’t be able to meet their burden of proof. As a result, no matter what happened, and no matter what you think prosecutors might be able to prove, you owe it to yourself to consider all of your options for fighting your cyberstalking case.
Request a Confidential Consultation with a New Jersey Cyberstalking Lawyer at Helmer, Conley & Kasselman, P.A.
Are you facing cyberstalking charges in New Jersey? If so, we can help, but it is important that you contact us promptly. Call 877-435-6371 or contact us online to discuss your case with an experienced New Jersey cyberstalking lawyer in confidence as soon as possible.
