Stalking in New Jersey

N.J.S.A. 2C:12-10 · Assault, Homicide & Violent Offenses

What the law says

A person commits stalking by purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their own safety or a third person’s safety, or to suffer other emotional distress. The statute defines the conduct that may constitute a course of conduct and makes certain circumstances elevate stalking to a crime of the third degree.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:12-10, that means:

• The person purposefully or knowingly engages in a course of conduct.
• The course of conduct is directed at a specific person.
• The course of conduct may consist of repeatedly maintaining visual or physical proximity to a person; following, monitoring, observing, surveilling, threatening, or communicating to or about a person, directly, indirectly, or through third parties, by any action, method, device, or means; or interfering with a person’s property.
• The course of conduct may also consist of repeatedly committing harassment against a person, or repeatedly conveying or causing verbal or written threats, threats conveyed by any other means of communication, or threats implied by conduct or a combination of these, directed at or toward a person.
• The course of conduct would cause a reasonable person to fear for their safety or the safety of a third person, or to suffer other emotional distress.

How the charge is graded

• A person who purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a third person or suffer other emotional distress is guilty of stalking, a crime of the fourth degree.
• A person who commits stalking in violation of an existing court order prohibiting the behavior is guilty of a crime of the third degree.
• A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
• A person who commits stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States is guilty of a crime of the third degree.

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

• “Repeatedly” means on two or more occasions.
• “Emotional distress” means significant mental suffering or distress.
• “Cause a reasonable person to fear” means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.
• The act does not apply to conduct which occurs during organized group picketing.

Common defense strategies

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

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

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 Stalking charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →

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.