Stalking

Stalking

In New Jersey, a stalking charge can result in a felony conviction and imposition of a special restraining order under N.J.S.A. 2C:12-10.1. The Statute provides:

N.J.S.A. 2C:12-10. Definitions; Stalking Designated a Crime; Degrees.

a. As used in this act:

(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.

(2) "Repeatedly" means on two or more occasions.

(3) "Emotional distress" means significant mental suffering or distress.

(4) "Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.

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. A person is guilty of a crime of the third degree if he commits the crime of 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.

f. This act shall not apply to conduct which occurs during organized group picketing.

SOURCE. Adopted. L. 1992, c. 209, §1, effective January 5, 1993. Amended. L. 1996, c. 39, §1, effective June 20, 1996; L. 1998, c. 17, §3, effective May 6, 1998; L. 1999, c. 47, §1, effective March 12, 1999; L. 2001, c. 220, §2, effective August 24, 2001; L. 2009, c. 28, §1, effective March 21, 2009.

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A stalking conviction will result in a criminal record. At the Newark Law Offices of Kevin Crawford Orr, we can help with your defense. Contact us today to find out more about your options.