New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S1142 Compare Versions

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

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1	1	SENATE, No. 1142 STATE OF NEW JERSEY 221st LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
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3	3	SENATE, No. 1142
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7	7	STATE OF NEW JERSEY
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9	9	221st LEGISLATURE
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13	13	PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
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17	17	Sponsored by: Senator JOHN F. MCKEON District 27 (Essex and Passaic) 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 JOHN F. MCKEON
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25	25	District 27 (Essex and Passaic)
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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 one or more communications 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 $100 for a first offense and not more than $500 for each subsequent offense. e. The trier of fact may infer that a person acted with a purpose to harass another if the person knows or should have known that any of the person's actions constituting an offense under this section are knowingly directed to or are about a judicial officer, and there is a nexus between the offense and relates to the performance of the judge's public duties. For the purposes of this subsection, "judicial officer" has the same meaning as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1). f. In addition to any other disposition or condition imposed pursuant to this section, a parent or guardian having legal custody of a minor who demonstrates willful or wanton disregard in the exercise of the supervision and control of the conduct of a minor adjudicated delinquent of cyber-harassment pursuant to this section may be liable in a civil action pursuant to section 4 of P.L.2021, c.338 (C.2A:53A-17.1). (cf: P.L.2021, c.338, 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 years of age 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 regarding the cyber-harassment of a minor by providing that a person is guilty of this third-degree crime if the person is 18 years of age or older and engages in any form of cyber-harassment of a minor. The bill eliminates the provision that the adult actor also impersonate a minor in order to be guilty of the crime. A crime of the third degree is punishable by a term of imprisonment of three to five years, 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 one or more communications 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 $100 for a first offense and not more than $500 for each subsequent offense.
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77	77	e. The trier of fact may infer that a person acted with a purpose to harass another if the person knows or should have known that any of the person's actions constituting an offense under this section are knowingly directed to or are about a judicial officer, and there is a nexus between the offense and relates to the performance of the judge's public duties. For the purposes of this subsection, "judicial officer" has the same meaning as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1).
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79	79	f. In addition to any other disposition or condition imposed pursuant to this section, a parent or guardian having legal custody of a minor who demonstrates willful or wanton disregard in the exercise of the supervision and control of the conduct of a minor adjudicated delinquent of cyber-harassment pursuant to this section may be liable in a civil action pursuant to section 4 of P.L.2021, c.338 (C.2A:53A-17.1).
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81	81	(cf: P.L.2021, c.338, s.1)
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85	85	2. This act shall take effect immediately.
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91	91	STATEMENT
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95	95	Under current law, cyber-harassment is a crime of the third degree if the offender is 21 years of age 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 regarding the cyber-harassment of a minor by providing that a person is guilty of this third-degree crime if the person is 18 years of age or older and engages in any form of cyber-harassment of a minor. The bill eliminates the provision that the adult actor also impersonate a minor in order to be guilty of the crime.
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97	97	A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.