Individuals in New Jersey can face harassment charges under a wide range of circumstances. In-person and online harassment can both lead to criminal charges under state law, and convictions can lead to fines, jail time, and other penalties. If you’ve been arrested, keep reading to learn what you need to know from an experienced New Jersey harassment lawyer:
Harassment Offenses Under New Jersey Law
There are two separate harassment laws in New Jersey. The first of these laws applies broadly, while the second applies specifically to online harassment.
Harassment Under Section 2C:33-4 of the New Jersey Revised Statutes
Section 2C:33-4 of the New Jersey Revised Statutes defines the crime of “harassment.” Under Section 2C:33-4, it is against the law to do any of the following “with the purpose to harass another”:
- “Make[], or cause[] to be made, one or more communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;”
- “Subject[] another to striking, kicking, shoving, or other offensive touching, or threaten[] to do so;” or
- “Engage[] in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.”
In all cases, harassment is classified as a petty disorderly persons offense under Section 2C:33-4. However, in some cases, individuals charged with harassment can face assault charges as well. Assault charges can involve causing physical injury or putting someone in fear of imminent serious bodily injury. Depending on the specific circumstances involved, assault can be prosecuted as either a disorderly persons offense or a fourth, third, or second-degree indictable crime.
Cyber-Harassment Under Section 2C:33-4.1 of the New Jersey Revised Statutes
Section 2C:33-4.1 of the New Jersey Revised Statutes defines the crime of “cyber-harassment.” Under Section 2C:33-4.1, it is against the law to do any of the following “in an online capacity via any electronic device or through a social networking site . . . with the purpose to harass another”:
- “[Threaten] to inflict injury or physical harm to any person or the property of any person;”
- “[K]nowingly send[], post[], comment[], 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 to his person;” or
- “[Threaten] to commit any crime against the person or the person's property.”
Cyber-harassment is a fourth-degree indictable offense in most cases. It is a third-degree indictable offense in cases in which the defendant is at least 21 years old and impersonates a minor for the purpose of harassing a minor (someone under the age of 18).
Penalties for Harassment in New Jersey
The penalties for harassment and cyber-harassment in New Jersey are based on the level of the offense charged. With this in mind, potential fines and jail (or prison) sentences include:
- Petty Disorderly Persons Offense (Harassment) – Up to 30 days in jail and a $500 fine.
- Fourth-Degree Indictable Offense (Cyber-Harassment) – Up to 18 months in prison and a $10,000 fine.
- Third-Degree Indictable Offense (Cyber-Harassment with Impersonation of a Minor) – Three to five years in prison and up to a $15,000 fine.
Harassment convictions can lead to other consequences, both in and out of court. These consequences can range from community service to impacts on your career. In cyber-harassment cases, Section 2C:33-4.1 also includes special penal provisions for juveniles aged 15 or younger.
Defenses to New Jersey Harassment Charges
With these potential consequences in mind, if you have been charged with harassment or cyber-harassment in New Jersey, you need to defend yourself by all means available. While the defenses you have available depend on the specific circumstances of your case, some examples of potential defenses include:
You Did Not Act with the “Purpose to Harass Another”
Under both Section 2C:33-4 and 2C:33-4.1, the law requires evidence that the defendant 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—then you do not deserve to be convicted. While prosecutors can use various forms of evidence (including text messages and social media posts) to prove a defendant’s mental state, disputing that you had the requisite mental state could be a key defense strategy.
Your Statements or Conduct Do Not Qualify as Harassment Under the Law
While harassment and cyber-harassment can both take many forms, prosecutors must be able to prove that your statements or conduct fall within the precise definition of these crimes under New Jersey law. For example, if you did not communicate with the alleged victim at “extremely inconvenient hours,” if you did not use “offensively coarse language,” or if you did not “threaten” to cause physical harm, this could serve as a defense to criminal culpability.
You Have Been Falsely Accused of Harassment
If you have been falsely accused of engaging in harassment or cyber-harassment, then you absolutely do not deserve to face the life-altering consequences of a conviction. Our lawyers can uncover evidence of the false accusations and then use any and all available evidence to help protect you in court.
Again, these are just examples. From raising violations of your constitutional rights to exposing prosecutors’ inability to meet their burden of proof, there are various other potential ways to defend against harassment charges in New Jersey. Your lawyer can also advise you regarding whether seeking a plea bargain is a viable (and desirable) option in your case. If you are eligible, your lawyer can advise you regarding the option of pursuing pre-trial intervention (PTI) as well.
Speak with an Experienced New Jersey Harassment Lawyer in Confidence
If you need more information about defending against a harassment or cyber-harassment charge in New Jersey, we encourage you to contact us promptly. Call 877-435-6371 or tell us how we can reach you online to speak with an experienced New Jersey harassment lawyer in confidence as soon as possible.
