CHAPTER 272

 

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:

 

C.2C:33-4.1† Crime of cyber-harassment.

†††† 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 personís 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.

 

†††† Approved January 17, 2014.