Cyber Harassment in New Jersey

N.J.S.A. 2C:33-4.1 · Public Order & Disorderly Persons Offenses

What the law says

A person commits cyber-harassment by making one or more communications online, using an electronic device or social networking site, with the purpose to harass another and engaging in one of the prohibited forms of conduct. These forms include threats of injury or physical harm, certain lewd, indecent, or obscene material, and threats to commit a crime against a person or that person’s property.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:33-4.1, that means:

• The person made one or more communications in an online capacity via an electronic device or through a social networking site.
• The person acted with the purpose to harass another.
• The person threatened to inflict injury or physical harm to any person or the property of any person; or
• The person knowingly sent, posted, commented, requested, suggested, or proposed 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
• The person threatened to commit any crime against the person or the person’s property.

How the charge is graded

• Cyber-harassment is a crime of the fourth degree, unless the person 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, in which case it is a crime of the third degree.
• 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.

Penalties in the statute

• A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section shall be fined not more than $100 for a first offense and not more than $500 for each subsequent offense.
• For a minor under the age of 16 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 a class or training program intended to reduce the tendency toward cyber-harassment behavior, a class or training program intended to bring awareness to the dangers associated with cyber-harassment, or both.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• 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 purposes of subsection e., “judicial officer” has the same meaning as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1).
• 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).

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Free-speech and protected-conduct defenses
• Lack of the required purpose to harass, alarm, or annoy
• Witness and video evidence that undercuts the complaint
• Conditional dismissal (N.J.S.A. 2C:43-13.1) for eligible first-time municipal court defendants

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-823-1117 for a free, confidential consultation about your Cyber Harassment charge.

Related charges

• Harassment →
• Prostitution and Related Offenses →
• Disorderly Conduct →
• False Public Alarm →
• Underage Possession or Consumption of Alcohol →
• Animal Cruelty →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.