New Jersey enacted stalking legislation in response to a type of persistent, distressing, or threatening behavior which is more serious than harassment in persistence but not rising to the level of terroristic threats or assault.

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3rd Degree Stalking:  Stalking is a 3rd degree offense where:

• The stalking is done in violation of an existing court order prohibiting the behavior;

• It is a second or subsequent offenses of stalking against the same victim;

• The stalking is done while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable (i.e., felony) offense.

*A 3rd degree offense is punishable by up to 5 years in prison.

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4th Degree Stalking:  Stalking (a 4th degree offense) occurs when a person purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety (or the safety of a 3rd person), or suffer other emotional distress.  A 4th degree offense is punishable by up to 18 months in prison.

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“Course of Conduct” Defined:  A “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;

• Interfering with a person’s property;

• Repeatedly committing harassment against a person;

• 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 towards a person.

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“Repeatedly” Defined:  “Repeatedly” means on two or more occasions.

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“Emotional Distress” Defined:  “Emotional distress” means significant mental suffering or distress.

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“Cause a Reasonable Person to Fear” Defined:  “Cause a reasonable person to fear” means to cause fear which a reasonable person, similarly situated, would have under the circumstances.

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Permanent Restraining Order (N.J.S.A. 2C:12-10.1):  A conviction for stalking operates as an application for a permanent restraining order.  Such an order can limit the defendant from entering the victim’s residence, school, or place of employment.  It can also prohibit the defendant from having any contact with the victim (either directly or indirectly or through a 3rd party).  A violation of such an order can result in a contempt charge.

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Contact a New Jersey Criminal Defense

Lawyer for a Free Consultation

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At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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