Bill Text: NJ A892 | 2016-2017 | Regular Session | Introduced
Bill Title: Makes harassment by electronic means a crime of the fourth degree.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Judiciary Committee [A892 Detail]
Download: New_Jersey-2016-A892-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Prieto and Wimberly
SYNOPSIS
Makes harassment by electronic means a crime of the fourth degree.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning cyberbullying 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:
2C:33-4. Harassment.
Except as provided in [subsection e.] subsections e. and f., 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.
f. A person commits a crime of the fourth degree if he makes a communication or communications under subsection a. of this section by electronic means. For purposes of this subsection, "electronic means" includes but is not limited to any communications conveyed by any electronic communication device, which includes but is not limited to, a wire, radio, electromagnetic, photoelectric or photo-optical system, telephone, including a cordless, cellular or digital telephone, computer, video recorder, fax machine, pager, or any other means of transmitting voice or data.
(cf: P.L.2001, c.443, s.3)
2. This act shall take
effect immediately and shall apply to any offense committed on or after the
effective date of this act.
STATEMENT
This bill is intended to address the problem of cyberbullying. It would amend N.J.S.2C:33-4 to upgrade the crime of harassment under certain circumstances from a petty disorderly persons offense to a crime of the fourth degree.
Under current law, a person is guilty of the petty disorderly persons offense of harassment if, among other acts, he "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."
Under the bill, it would be a crime of the fourth degree to commit the act of harassment by electronic means. The bill defines "electronic means" as including but not limited to any communications conveyed by any electronic communication device, which includes but is not limited to, a wire, radio, electromagnetic, photoelectric or photo-optical system, telephone, including a cordless, cellular or digital telephone, computer, video recorder, fax machine, pager, or any other means of transmitting voice or data.
A disorderly persons offense is punishable by a term of imprisonment of up to 30 days, a fine of up to $500, or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000 or both.
