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Police and Law Enforcement Home  >  Roll Call  >  When Does Harassment Become Indictable?

 

Roll Call

Weekly Law Enforcement
Training and Review


 

When Does Harassment
Become Indictable?




NJLawman.com

Police and Law Enforcement News
Sunday, March 23,
 2014  10:26 p.m.

 

In New Jersey, the statute for harassment, 2C:33-4, is one of the most commonly charged offenses, especially in citizen vs. citizen cases.

We also use it often in domestic violence cases.

Harassment is ordinarily a petty disorderly persons offense which is, of course, heard in municipal court.

But harassment can rise up to a fourth degree indictable offense in certain situations.

The fifth section of the statute, section e, reads as follows:

e.  A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.

This is a good tool to keep in the arsenal, especially when dealing with those who really deserve a trip up to the county court house.

Now, if we could only figure a way to not have it downgraded.

Below is the text of the full harassment statute:

2C:33-4. Harassment.

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a.  Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b.  Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c.  Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

d.  (Deleted by amendment, P.L.2001, c.443).

e.  A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.

L.1978, c.95; amended 1983, c.334; 1990, c.87, s.2; 1995, c.211, s.2; 1998, c.17, s.4; 2001, c.443, s.3.

-NJLawman.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When Does Harassment Become Indictable?

 

 

 

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