Bill Text: NJ A1001 | 2010-2011 | Regular Session | Introduced
Bill Title: Modifies elements of the crime of stalking.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A1001 Detail]
Download: New_Jersey-2010-A1001-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
SYNOPSIS
Modifies elements of the crime of stalking.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning stalking and amending P.L.1992, c.209.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1992, c.209 (C.2C:12-10) is amended to read as follows:
1. a. As used in this act:
(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
(2) "Repeatedly" means on [two or more occasions] more than one occasion.
(3) "Immediate family" means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.
b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly:(1) engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family; or
(2) repeatedly harasses a person in violation of N.J.S.2C:33-4.
c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
d. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
e. A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.
f. This act shall not apply to conduct which occurs during organized group picketing.
(cf: P.L.2001, c.220, s.2).
2. This act shall take effect immediately.
STATEMENT
This bill modifies the elements of the crime of stalking to make it easier for the prosecution to obtain a conviction. Under current law, a person is guilty of the fourth degree crime of stalking if he engages in a "course of conduct" directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family. The statute defines "course of conduct" as "repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person." "Repeatedly" is defined as "on two or more occasions."
The bill amends the statute in order to conform it to the requirements of pending Federal legislation. Under the provisions of H.R. 3595 (introduced December 20, 2001), states would be eligible for certain grants under the federal "Violence Against Women Act" (42 U.S.C.A. 14031) if they amend their stalking statutes to require, "as elements of the offense, not more than the following: that the defendant has on more than one occasion harassed or threatened the victim." The bill, which changes the definition of "repeatedly" from the current "on two or more occasions" to "on more than one occasion" and includes the harassment element, is intended to enact such an amendment.
This bill retains the current provisions of the stalking law and adds the harassment element as an additional way of violating the stalking statute. The crime of stalking may be committed if harassment is committed in violation of N.J.S.2C:33-4 on more than one occasion.
Thus, under the provisions of the bill, a person is guilty of the crime of stalking if he either:
(1) Engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family (such as the current law reads); or
(2) Repeatedly (defined as "on more than one occasion") harasses a person in violation of N.J.S.2C:33-4.
