New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S720 Compare Versions

Only one version of the bill is available at this time.

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1	1	SENATE, No. 720 STATE OF NEW JERSEY 220th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
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3	3	SENATE, No. 720
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7	7	STATE OF NEW JERSEY
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9	9	220th LEGISLATURE
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13	13	PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
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17	17	Sponsored by: Senator RICHARD J. CODEY District 27 (Essex and Morris) SYNOPSIS Broadens statute that criminalizes cyber-harassment of minor. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel.
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21	21	Sponsored by:
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23	23	Senator RICHARD J. CODEY
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25	25	District 27 (Essex and Morris)
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35	35	SYNOPSIS
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37	37	Broadens statute that criminalizes cyber-harassment of minor.
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41	41	CURRENT VERSION OF TEXT
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43	43	Introduced Pending Technical Review by Legislative Counsel.
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47	47	An Act concerning cyber-harassment and amending P.L.2013, c.272. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.2013, c.272 (C.2C:33-4.1) is amended to read as follows: 1. a. A person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person: (1) threatens to inflict injury or physical harm to any person or the property of any person; (2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or (3) threatens to commit any crime against the person or the person's property. b. Cyber-harassment is a crime of the fourth degree, unless the person is [21] 18 years of age or older at the time of the offense and [impersonates a minor for the purpose of] engages in cyber-harassing a minor, in which case it is a crime of the third degree. c. If a minor under the age of 16 is adjudicated delinquent for cyber-harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following: (1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or (2) a class or training program intended to bring awareness to the dangers associated with cyber-harassment. d. A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $25 for a first offense and not more than $100 for each subsequent offense. (cf: P.L.2013, c.272, s.1) 2. This act shall take effect immediately. STATEMENT Under current law, cyber-harassment is a crime of the third degree if the offender is 21 or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor. This bill broadens the statute to provide that a person is guilty of this offense if the person is 18 or older and engages in cyber-harassing a minor. This bill eliminates the provision that a person must impersonate a minor in order to be guilty of the offense. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
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49	49	An Act concerning cyber-harassment and amending P.L.2013, c.272.
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53	53	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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57	57	1. Section 1 of P.L.2013, c.272 (C.2C:33-4.1) is amended to read as follows:
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59	59	1. a. A person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
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61	61	(1) threatens to inflict injury or physical harm to any person or the property of any person;
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63	63	(2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
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65	65	(3) threatens to commit any crime against the person or the person's property.
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67	67	b. Cyber-harassment is a crime of the fourth degree, unless the person is [21] 18 years of age or older at the time of the offense and [impersonates a minor for the purpose of] engages in cyber-harassing a minor, in which case it is a crime of the third degree.
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69	69	c. If a minor under the age of 16 is adjudicated delinquent for cyber-harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following:
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71	71	(1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or
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73	73	(2) a class or training program intended to bring awareness to the dangers associated with cyber-harassment.
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75	75	d. A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $25 for a first offense and not more than $100 for each subsequent offense.
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77	77	(cf: P.L.2013, c.272, s.1)
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81	81	2. This act shall take effect immediately.
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87	87	STATEMENT
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91	91	Under current law, cyber-harassment is a crime of the third degree if the offender is 21 or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor. This bill broadens the statute to provide that a person is guilty of this offense if the person is 18 or older and engages in cyber-harassing a minor. This bill eliminates the provision that a person must impersonate a minor in order to be guilty of the offense. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.