Bill Text: NJ S2469 | 2012-2013 | Regular Session | Amended

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Bill Title: Creates crime of cyber-harassment.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2014-01-13 - Substituted by A3785 (1R) [S2469 Detail]

Download: New_Jersey-2012-S2469-Amended.html

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[First Reprint]

SENATE, No. 2469

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JANUARY 14, 2013

 

 

Sponsored by:

Senator  DONALD NORCROSS

District 5 (Camden and Gloucester)

Senator  NICHOLAS J. SACCO

District 32 (Bergen and Hudson)

 

Co-Sponsored by:

Senators Gordon and A.R.Bucco

 

 

 

 

SYNOPSIS

     Creates crime of cyber-harassment.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Budget and Appropriations Committee on December 5, 2013, with amendments.

  

An Act creating the crime of cyber-harassment and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. a. A person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:

     (1) threatens to inflict injury or physical harm to any person or the property of any person;

     (2) ¹knowingly¹ sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person ¹with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person¹; or

     (3) threatens to commit any crime against the person or the person's property.

     b.  Cyber-harassment is a crime of the fourth degree, unless the person is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, in which case it is a crime of the third degree.

     c.  If a minor under the age of 16 is adjudicated delinquent for cyber-harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following:

     (1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or

     (2) a class or training program intended to bring awareness to the dangers associated with cyber-harassment.

     d.  A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $25 for a first offense and not more than $100 for each subsequent offense.

 

     2.  This act shall take effect immediately.