Bill Text: NJ A3785 | 2012-2013 | Regular Session | Amended

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Bill Title: Creates crime of cyber-harassment.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Passed) 2014-01-17 - Approved P.L.2013, c.272. [A3785 Detail]

Download: New_Jersey-2012-A3785-Amended.html

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[First Reprint]

ASSEMBLY, No. 3785

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 7, 2013

 

 

Sponsored by:

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  CHARLES MAINOR

District 31 (Hudson)

Assemblywoman  CONNIE WAGNER

District 38 (Bergen and Passaic)

Assemblyman  TIMOTHY J. EUSTACE

District 38 (Bergen and Passaic)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywomen N.Munoz and Angelini

 

 

 

 

SYNOPSIS

     Creates crime of cyber-harassment.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Budget Committee on January 9, 2014, 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.