Bill Text: NJ A3218 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides that manipulation of certain caller identification information may constitute cyber-harassment and stalking.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-02-25 - Introduced, Referred to Assembly Judiciary Committee [A3218 Detail]
Download: New_Jersey-2020-A3218-Introduced.html
Sponsored by:
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
SYNOPSIS
Provides that manipulation of certain caller identification information may constitute cyber-harassment and stalking.
CURRENT VERSION OF TEXT
As introduced.
An Act certain crimes and amending P.L.2013, c.272 and 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.2013, c.272 (C.2C:33-4.1) is amended to read as follows:
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) knowingly sends, posts, comments, requests, suggests, or proposes 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
(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.
e. "Making a communication in an online capacity" shall include the unlawful practice of knowingly making, placing, initiating, or otherwise transmitting a call or text message or engaging in conduct that results in the display of misleading, false, or inaccurate caller identification information on the receiving party's telephone or circumventing a caller identification service that is designed to allow the receiving party to identify caller identification information regarding the origin and nature of the call or text message.
(cf: P.L.2013, c.272, s.1)
2. 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; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment pursuant to N.J.S.2C:33-4 or cyber-harassment pursuant to section 1 of P.L.2013, c.272 (C.2C:33-4.1) against 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.
(3) "Emotional distress" means significant mental suffering or distress.
(4) "Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.
b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.
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.2009, c.28, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill provides that manipulation of certain caller identification information may constitute cyber-harassment and stalking.
Under current law, 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, the person threatens to inflict injury or physical harm to any person or any person's property; knowingly sends, posts, comments, requests, suggests, or proposes 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 threatens to commit any crime against the person or their property.
This bill would amend the crime of cyber-harassment to include that "making a communication in an online capacity" would include the unlawful practice of knowingly making, placing, initiating, or otherwise transmitting a call or text message or engaging in conduct that results in the display of misleading, false, or inaccurate caller identification information on the receiving party's telephone or circumventing a caller identification service that is designed to allow the receiving party to identify caller identification information regarding the origin and nature of the call or text message.
In addition, the bill specifies that the crime of stalking includes repeatedly committing harassment pursuant to N.J.S.2C:33-4 or cyber-harassment pursuant to section 1 of P.L.2013, c.272 (C.2C:33-4.1).
