2C :33-4.1 Crime of cyber-harassment

  2C :33-4.1  Crime of cyber-harassment

   1. a. 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)   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 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 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 $25 for a first offense and not more than $100 for each subsequent offense.

 

   L.2013, c.272, s.1.