Charged with Cyber-Harassment 2C:33-4.1 in NJ
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New Jersey Cyber-Harassment Charge The Law
* Disclaimer: All Penalties listed above are the ordinary terms for New Jersey Cyber-Harassment Charges. Additional penalties for repeat criminal offenders
may apply. Please see attorney for details for applicability to your particular offense. This website is provided for informational purposes and is not intended
to give legal advise. All definitions and penalties for a NJ Assault Charge as listed above are simplified, please contact one of our NJ Cyber Harassment
lawyers for complete details of what is a valid Cyber Harassment Charge in New Jersey.
Cyber Harassment is one of New Jersey newest crimes. Commonly cyber harassment is
charged along with domestic violence restraining order, but that will only happen if the
person has a dating or living arrangement with the victim. If the victim does not live
with or have a dating/relationship with the person a restraining order will not generally
issue. Harassment has always been a vague crime and Cyber Harassment is just as
vague since it involves harassment plus the use of a device to transmit the prohibited
conduct. Due to the vagueness of the term, Harassment is thus a very inclusive charge.
More specifically and by definition the act of Cyber Harassment, is harassment but
requires the use of a computer, cell phone, or an electronic device for the
communication to be transmitted. Cyber Harassment, is a communication made public
other than by word of mouth. The harm portion needed for Cyber Harassment is based
on the reasonable person standard and the crime does not (or at least is not intended)
for conduct that is merely annoying or insulting by use of an electronic communication
The offense of cyber harassment in New Jersey requires a purposeful conduct, and it
must be the defendant's conscious purpose to engage in prohibited conduct that is
intended to cyber harass the victim. Because this criminal charge is so vague, easy to
commit and all encompassing, every harassment charge needs to be fought with the
best representation. Examples of cyber harassment could be sending of a naked
photograph, annoying texts or even mean spirited tweets. Whether, you spend one day
in jail or 18 months the consequences of a conviction for cyber harassment will last long
after you may be freed from any jail and may never be repaired or eliminated. Defenses
do exist to a cyber harassment charge I can help you, but you must take the first step
and call my office at 1-800-9-RIGHTS and setup a free in office consultation to learn how
my experience can help you win, reduce or eliminate the penalties you face.
|98% Success Rate
to Win, Reduce or
Although we handle many harassment cases, New Jersey Defense Lawyer H Scott Aalsberg can represent you for any criminal charge filed in NJ. As a full service NJ Criminal
Lawyer law firm we handle: Harassment, Assault, and Aggravated Assault charges anywhere in the State of New Jersey, Let the experienced New Jersey Criminal lawyers at the
law office of H. Scott Aalsberg, Esq. P.C. get you the not guilty verdict you need, to win your harassment charge. Over 25 Years of Experience and 11,000 cases either won, reduced
or downgraded by our firm Since 1992. This page is provided for general use and is not to be relied on for law or commentary. Please see New Jersey Cyber Harassment Lawyer
H. Scott Aalsberg for complete details on all NJ cyber harassment penalties. Free in office consultation is offered only during normal business hours for persons charged and not
represented by a laywer and includes up to 15 minutes of Attorney time. *98% Success Rate applies to past cases and is not a guarantee of future results.
NJ Cyber-Harassment Lawyer H. Scott Aalsberg's
Commentary on the law and defenses:
2C:33-4.1: 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) sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene
material to or about a 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 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.
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
(2) a class or training program intended to bring awareness to the dangers associated with
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.
Penalties are based on Age:
ADULTS or MINORS OVER THE AGE OF 16
The NJ Cyber-Harassment Law provides that
cyber-harassment is a crime of the fourth degree,
which is punishable by up to 18 months jail, and a
fine of up to $10,000. The one exception to this
sentence is, if the offender is over age 21 at the
time of the offense and impersonates a minor for
the purpose of cyber-harassing a minor. If this is
the scenario then cyber-harassment is a crime of
the third degree. A crime of the third degree in NJ
is punishable by jail for a term of 3 to 5 years and
a fine of up to $15,000.
MINORS UNDER 16 YEARS OF AGE:
If the person committing the cyber-harassment is under
the age of 16 the person will be considered a minor and
judged a delinquent. The the court may order as a
condition of the sentence that the minor, accompanied
by his or her 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.
If a parent or guardian fails to accompany his or her
child to the class or training program, the parent or
guardian would be guilty of a disorderly persons offense
and fined up to $25 for a first offense and up to $100 for
each subsequent offense.
Attorney H. Scott Aalsberg, Esq., P.C.
When You Need The Best Cyber Harassment Defense!
Attorney H. Scott Aalsberg When You Need The Best Cyber Harassment Defense
Over 11,000 Cases Successfully Concluded Since 1992
How to Win Your NJ Cyber Harassment or Cyber Crime Charge:
Now that you have read our website its time to put a winning strategy behind your
case. The best and easiest way to win your New Jersey Criminal Charge is to get
the best lawyer. Getting the Best Criminal Lawyer you can find is the only thing
you can do to increase the odds in your favor. It's simple: Attorney H. Scott
Aalsberg, Esq., has been selected by his peers as being a Top Lawyer NJ
Lawyer. You only have one chance to win your charge, if you lose the
consequences could be devastating, jail, loss of your income while in jail, time
spent away from your family, shouldn't you give yourself the best chance of
winning? Put our Winning Team to Work for You Call 1-800-9-RIGHTS to setup
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The Basic Elements of Cyber Harassment also
know as Cyber-Bullying and Revenge Porn:
1) A communication in electronic format
2) Intent to emotionally harm the victim or place the
victime in fear of physical or emotional harm or
3) Threatens to commit any crime against the person
or the person's property
Revenge Porn and Cyber Bullying
Note: Cyber bullying or Cyber Harassment can rise to the
level of stalking if they cause a reasonable person to fear
for their own safety or the safety of a third person or
suffer other emotional distress. Stalking is a crime of the
third degree carrying fines of up to $15,000.00 and
three to five years in State Prison.
Note: Cyber Harassment can rise to Revenge Porn (aka
invasion of privacy) and is a crime of the third degree
carrying fines of up to $15,000.00 and three to five years
in State Prison. The elements are: 1) another person
engaging in sexual contact or nudity, 2) without consent,
and 3) via photograph and video. It is also an offense to
distribute, for money or not, any materials depicting a
person engaging in sexual contact or nudity without