SENATE, No. 720
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
Broadens statute that criminalizes cyber-harassment of minor.
CURRENT VERSION OF TEXT
As reported by the Senate Judiciary Committee with technical review.
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT concerning cyber-harassment and amending P.L.2013, 1
c.272. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 1 of P.L.2013, c.272 (C.2C:33-4.1) is amended to read 7
as follows: 8
1. a. A person commits the crime of cyber-harassment if, while 9
making one or more communications in an online capacity via any 10
electronic device or through a social networking site and with the 11
purpose to harass another, the person: 12
(1) threatens to inflict injury or physical harm to any person or the 13
property of any person; 14
(2) knowingly sends, posts, comments, requests, suggests, or 15
proposes any lewd, indecent, or obscene material to or about a person 16
with the intent to emotionally harm a reasonable person or place a 17
reasonable person in fear of physical or emotional harm to his person; 18
or 19
(3) threatens to commit any crime against the person or the 20
person's property. 21
b. Cyber-harassment is a crime of the fourth degree, unless the 22
person is [21] 18 years of age or older at the time of the offense and 23
[impersonates a minor for the purpose of] engages in cyber-harassing 24
a minor, in which case it is a crime of the third degree. 25
c. If a minor under the age of 16 is adjudicated delinquent for 26
cyber-harassment, the court may order as a condition of the sentence 27
that the minor, accompanied by a parent or guardian, complete, in a 28
satisfactory manner, one or both of the following: 29
(1) a class or training program intended to reduce the tendency 30
toward cyber-harassment behavior; or 31
(2) a class or training program intended to bring awareness to the 32
dangers associated with cyber-harassment. 33
d. A parent or guardian who fails to comply with a condition 34
imposed by the court pursuant to subsection c. of this section is a 35
disorderly person and shall be fined not more than $100 for a first 36
offense and not more than $500 for each subsequent offense. 37
e. The trier of fact may infer that a person acted with a purpose to 38
harass another if the person knows or should have known that any of 39
the person's actions constituting an offense under this section are 40
knowingly directed to or are about a judicial officer, and there is a 41
nexus between the offense and relates to the performance of the 42
judge's public duties. For the purposes of this subsection, "judicial 43
officer" has the same meaning as defined in section 1 of P.L.1995, 44
c.23 (C.47:1A-1.1). 45
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f. In addition to any other disposition or condition imposed 1
pursuant to this section, a parent or guardian having legal custody of a 2
minor who demonstrates willful or wanton disregard in the exercise of 3
the supervision and control of the conduct of a minor adjudicated 4
delinquent of cyber-harassment pursuant to this section may be liable 5
in a civil action pursuant to section 4 of P.L.2021, c.338 (C.2A:53A-6
17.1). 7
(cf: P.L.2021, c.338, s.1) 8
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2. This act shall take effect immediately. 10