New Jersey Assembly Bill A2874

New Jersey 2022-2023 Regular Session

• Introduced: 2/28/22
• Refer: 2/28/22

Caption

Upgrades crime of stalking when stalking activity is carried out or assisted by installation or use of communication or location monitoring program or device on cellular phone or wireless mobile device.

Impact

The bill amends existing laws regarding stalking under P.L.1992, c.209. A stalking offense generally classified as a fourth degree crime could lead to sentences of up to 18 months imprisonment and fines of up to $10,000. By upgrading offenses involving tracking or communication interception to a third degree classification, the potential penalties increase significantly to 3 to 5 years imprisonment and fines up to $15,000. This alteration seeks to enhance protections for victims and impose stricter consequences on offenders who engage in technologically-assisted stalking behaviors.

Summary

A2874 is a legislative proposal in New Jersey aimed at upgrading the crime classification of stalking when such activities are facilitated through the use of electronic or mechanical devices. The bill recognizes that stalking can be executed by means of communication or location monitoring technologies installed on a victim's mobile devices. If stalking is enacted through these means, it is classified from a fourth degree crime to a third degree crime, reflecting its severity due to the violation of privacy involved in the act.

Contention

There may be points of contention regarding how this bill aims to target the misuse of technology, as some may argue about the practical implications of enforcement, especially in situations where devices are used for benign purposes. Critics may express concerns over clarifying the definitions that differentiate harmful intent from innocuous monitoring, particularly in our digitally connected society. Additionally, there may be apprehension regarding the balance between privacy rights and the need for protective legislation to shield victims of stalking in the context of evolving technology.