New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S367

Introduced
1/11/22  

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 amendments proposed by S367 aim to address the growing concern regarding the use of technology in stalking incidents. As technology has advanced, so too have the methods utilized by stalkers, using smartphones and other digital tools to invade the privacy of their victims. By recognizing the role of electronic monitoring in these crimes, the bill will strengthen the existing legal framework and provide better protective measures for victims. The distinction between the fourth-degree and third-degree offenses will empower law enforcement to take more serious action against offenders, potentially leading to a more robust deterrent effect against electronic harassment.

Summary

Senate Bill S367 seeks to enhance the legal repercussions for stalking crimes, specifically when such crimes are conducted using modern electronic and communication devices. This bill modifies the existing stalking statutes in New Jersey by elevating the offense of stalking to a third-degree crime if the perpetrator uses any electronic devices or software to monitor, track, or intercept communications of the victim. Under this new classification, the punishment increases from potential imprisonment of 18 months to a range of three to five years, alongside higher fines.

Contention

Despite its potential benefits, the bill is expected to generate debate regarding the implications it may have on personal privacy and the definitions of stalking. Critics may express concerns that the expansive definitions of electronic monitoring and communication interception could unintentionally encompass behaviors that are less malicious and lead to overreach in law enforcement. Additionally, there may be discussions surrounding the effectiveness of current laws in addressing stalking and whether the proposed changes are sufficient to curb this troubling behavior.

Companion Bills

NJ A2874

Same As 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.

Previously Filed As

NJ S542

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.

NJ A2975

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.

NJ A2874

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.

NJ S1391

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

NJ S2705

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

NJ A2768

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

NJ SB89

Crimes: stalking.

NJ SB221

Crimes: stalking.

NJ AB2791

Crimes: stalking, false emergency reports, and harassment.

NJ SB942

Relating to warrants or orders issued to obtain certain information through installation or use of global positioning system wireless device trackers, international mobile subscriber identity locators, or other devices or equipment, and to public access to law enforcement or prosecutor requests for certain related location or communication information; creating an offense.

Similar Bills

NJ S3132

Imposes certain requirements on secondhand dealers of cellular telephones and wireless communication devices.

NJ A4334

Imposes certain requirements on secondhand dealers of cellular telephones and wireless communication devices.

HI HB1915

Relating To Aviation Safety.

FL H0251

Wireless Services Provider Automatic Location Identification Information

MI HB5706

Criminal procedure: sentencing; mandatory sentencing for certain crimes regarding contraband in jails; require. Amends secs. 2, 2a, 3 & 5 of 1981 PA 7 (MCL 801.262 et seq.).

MI HB5705

Criminal procedure: sentencing; mandatory sentencing for certain crimes regarding contraband in prisons; require. Amends secs. 1, 3, 3a & 5 of 1909 PA 17 (MCL 800.281 et seq.).

TX HB1481

Relating to certain offenses regarding the possession or use of a cellular telephone by an inmate or defendant in a correctional or detention facility and to the detection and monitoring of that possession or use.

TX HB352

Relating to warrants issued to obtain cell site information through the use of a cell site simulator device and to public access to certain information relating to investigatory equipment; creating a criminal offense.