SENATE, No. 1562

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 4, 2010

 


 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Mercer)

 

 

 

 

SYNOPSIS

     Upgrades crime of stalking when victim is less than 18 years old.

 

CURRENT VERSION OF TEXT

     As introduced.

  


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.

     (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 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.

     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.

     g.     A person is guilty of a crime of the third degree if he commits the crime of stalking on a victim who is less than 18 years old.

(cf:  P.L.2001, c.220, s.2)

 

     2.    This act shall take effect immediately.


STATEMENT

 

     This bill would upgrade the crime of stalking from a crime of the fourth degree to a crime of the third degree if the victim was less than 18 years old.  A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000 or both.