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A1381
ASSEMBLY, No. 1381
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Co-Sponsored by:
Assemblywoman Flynn, Assemblyman Auth, Assemblywomen
Murphy, Dunn and Assemblyman Scharfenberger
SYNOPSIS
���� Broadens statute that criminalizes cyber-harassment
of minor.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning cyber-harassment and amending
P.L.2013,
c.272.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 1 of P.L.2013,
c.272 (C.2C:33-4.1) is amended to read as follows:
���� 1.� a.� A person commits the
crime of cyber-harassment if, while making one or more communications 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) knowingly sends, posts,
comments, requests, suggests, or proposes any 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
���� (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
]
18
years of age or older
at the time of the offense and
[
impersonates
a minor for the purpose of
]
engages in
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 behavior; or
���� (2) a class or training
program intended to bring awareness to the dangers associated with
cyber-harassment.
���� 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 $100
for a first offense and not more than $500 for each subsequent offense.
���� e.���� 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 the purposes of this subsection, "judicial
officer" has the same meaning as defined in section 1 of P.L.1995, c.23
(C.47:1A-1.1).
���� f.���� 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).
(cf: P.L.2021, c.338, s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� Under current law,
cyber-harassment is a crime of the third degree if the offender is 21 or older
at the time of the offense and impersonates a minor for the purpose of
cyber-harassing a minor. This bill broadens the statute to provide that a
person is guilty of this offense if the person is 18 or older and engages in
cyber-harassing a minor. This bill eliminates the provision that a person must
impersonate a minor in order to be guilty of the offense. A crime of the third
degree is punishable by three to five years imprisonment, a fine of up to
$15,000, or both.