(updated 6/20/98)
If the defendant commits the crime of stalking in violation of an existing court order prohibiting the behavior, the offense would be graded as a crime of the third degree which is punishable by a term of imprisonment of three to five years, or a fine of up to $7,500 or both.
A second or subsequent offense of stalking which involves an act of violence or a credible threat of violence against the same victim would also be punishable as a crime of the third degree.
In 1996 the Stalking Law was amended to broaden the definition of "stalking" to include individuals who purposefully engage in activity that causes a reasonable person to fear death or bodily harm and individuals who knowingly, recklessly or negligently place another in fear of death or bodily injury; allows for permanent restraining orders against stalkers. [N.J.S.A. 2C:12-10].
1.
A. As used in this act:
(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats or threats implied by conduct or a combination thereof directed at or toward a person.
(2) "Repeatedly" means on two or more occasions.
(3) "Immediate family" means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.
B.A person is guilty of stalking, a crime of the fourth degree, if he:
(1) Purposefully engages in a course of conduct directed at a specific person that would cause a
reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family; and
(2) Knowingly, recklessly or negligently places the specific person in reasonable fear of bodily injury to himself or a member of his immediate family or in reasonable fear of the death of himself or a member of his immediate family.
C. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
D. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
E. This act shall not apply to conduct which occurs during organized group picketing.
2C:12-10.1. Conviction for stalking, permanent restraining order
3. A. A judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked.
B. A hearing shall be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise. This hearing shall be in Superior Court. A permanent restraining order may grant the following specific relief:
(1) An order restraining the defendant from entering the residence, property, school, or place of
employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim.
(2) An order restraining the defendant from making contact with the victim, including an order
forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim, the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.
C. The permanent restraining order entered by the court subsequent to a conviction for stalking as provided in this act may be dissolved upon the application of the stalking victim to the court which granted the order.
D. Notice of permanent restraining orders issued pursuant to this act shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.
E. Any permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.
F. A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules. Nothing in this act shall preclude the filing of a criminal complaint for stalking based on the same act which is the basis for the violation of the permanent restraining order.
Current through 1997.