Being accused of harassment can be overwhelming and confusing, especially if you do not fully understand the crime and associated penalties. Many people are surprised to learn that certain types of communication or behavior they may see as minor or normal can result in criminal charges. Understanding what is considered harassment under New Jersey law is crucial when facing charges. Continue reading for more information and secure the help of an experienced Mercer County criminal defense lawyer today.
What Is Considered Harassment Under NJ Criminal Law?
The dictionary definition of harassment is generally any sort of aggressive pressure or intimidation, but it is important to understand the legal definition as well. The crime’s meaning will vary depending on the state in which it is committed.
New Jersey Statutes § 2C:33-4 outlines the definition of harassment. Under this law, a person commits harassment if, with the purpose of harassing another, they:
- Make or cause to be made one or more communications anonymously, at extremely inconvenient hours, in offensively coarse language, or in any other manner likely to cause annoyance or alarm
- Strike, kick, shove, or otherwise touch a person offensively, or threaten to do so
- Engage in any other course of alarming conduct or of repeatedly committed acts with the purpose of alarming or seriously annoying another person
This definition is broad, encompassing not only verbal and physical actions but also digital communication, including phone calls, text messages, emails, and social media posts.
What Are Some Examples of Harassment?
Intent is the foundation of a harassment charge. The offender must have committed these actions with the purposeful intent of harassing the victim. Some examples of harassment under New Jersey law include the following.
- Repeatedly texting or calling someone after being asked to stop
- Sending anonymous threats to a person over social media
- Attacking a person unprompted
- Threatening to assault a person
Any of these behaviors can be considered harassment under New Jersey law.
What Are the Penalties for Harassment in NJ?
In most cases, harassment is charged as a disorderly persons offense, New Jersey’s equivalent of a misdemeanor. A conviction can result in up to 30 days in jail and fines of up to $500.
However, certain aggravating factors can elevate the charge to a more serious offense. Harassment becomes a fourth-degree indictable crime (the equivalent of a felony) if the defendant was on probation, parole, or serving a prison sentence when the conduct occurred. If the case involves cyberharassment of a minor, it may be charged as a third-degree indictable crime.
A fourth-degree conviction can result in fines as high as $10,000 and up to 18 months in jail, while a third-degree conviction carries penalties of 3 to 5 years in prison and fines of up to $15,000.
The penalties for harassment can be severe, so it is important that you are adequately represented during your case. Reach out to a skilled criminal defense attorney for more information and legal counsel today.
