Harassment in New Jersey

N.J.S.A. 2C:33-4 · Public Order & Disorderly Persons Offenses

What the law says

A person commits harassment by acting with the purpose to harass another through specified communications, offensive physical contact or threats, or other alarming or repeatedly committed conduct. The offense is a petty disorderly persons offense except in the circumstances specified in subsection e., when it is a crime of the fourth degree.

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, that means:

• The person acts with the purpose to harass another.
• The person makes or causes one or more communications anonymously, at extremely inconvenient hours, in offensively coarse language, or in another manner likely to cause annoyance or alarm.
• The person subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so.
• The person engages in another course of alarming conduct or repeatedly committed acts with the purpose to alarm or seriously annoy the other person.

How the charge is graded

• Except as provided in subsection e., a person commits a petty disorderly persons offense.
• A person commits a crime of the fourth degree if, in committing an offense under this section, the person was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.
• A person commits a crime of the fourth degree if, in committing an offense under this section, the person knowingly directs the action to a current or former judge and the action relates to the performance of the judge's public duties.

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

• A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
• Subsection d. is deleted by amendment, P.L.2001, c.443.

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 856-856-2373 for a free, confidential consultation about your Harassment charge.

Related charges

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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.