The Penalties for Stalking in New Jersey

The Penalties for Stalking in New Jersey

What Counts as Stalking in New Jersey?

New Jersey’s stalking law (N.J. Stat. § 2C:12-10) defines stalking pretty broadly. Basically, you can be charged with stalking if you purposely engage in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer emotional distress.

Some examples of stalking include:

• Repeatedly following or spying on someone, in person or online
• Sending unwanted gifts, letters, texts, emails etc, especially after being told to stop
• Making unwanted phone calls, including hang ups or not speaking
• Damaging or threatening to damage someone’s property
• Showing up at someone’s home, work, or school when you have no reason to be there
• Spreading false rumors about someone, in person or online

So stalking doesn’t require physcial violence or even explicit threats. It’s more about a pattern of behavior that seems obsessive and makes someone legitimately afraid.

Cyberstalking charges can also be filed in New Jersey if you use technology like social media, texting, email etc to engage in stalking behavior.

What Are the Penalties for Stalking in New Jersey?

For a first offense, stalking is generally charged as a 4th degree crime in NJ. Here are the potential penalties:

• Up to 18 months in jail
• Fines up to $10,000
• Probation up to 5 years
• Restraining order prohibiting contact with the victim
• Mandatory mental health counseling
• Possible community service

But penalties get much harsher if there are aggravating factors. Some examples of aggravating factors include:

• The stalking violates an existing restraining order
• You have prior stalking convictions
• You stalk a minor under age 18
• You stalk a current or former intimate partner
• Your stalking involves threats of violence or weapons
• The stalking occurs on school grounds

With aggravating factors, a stalking charge can be elevated to a 3rd degree felony. This brings penalties of:

• 3-5 years in state prison
• Fines up to $15,000
• Possible lifetime restraining order

A stalking charge could even potentially be elevated to a 2nd degree felony, with penalties up to 10 years in prison and $150,000 in fines, if very serious aggravating factors exist.

What Defenses Can I Raise Against a Stalking Charge?

Some possible defenses to fight a stalking charge in New Jersey include:

• You had no “ill intent”: The law requires prosecutors to prove you acted with purpose or knowledge to stalk someone. If it was all just a misunderstanding or mistake, that could be a defense.
• There was no “course of conduct”: Stalking requires a pattern of behavior, not just an isolated incident. If the “stalking” was 1 or 2 isolated events, you may not meet the criteria.
• The fear was unreasonable: Prosecutors have to show your actions would cause a “reasonable person” to fear for their safety. If the alleged victim is hyper-sensitive and overreacted, that could undermine the charges.
• False allegations: Sometimes stalking charges arise from false allegations made by someone with ulterior motives. Your attorney can investigate whether there are credibility issues with the accuser or holes in their story.
• Mental health issues: In some cases, mental illness may have contributed to the stalking behavior. This can be used to mitigate the charges and get treatment rather than jail time.

An experienced criminal defense lawyer can help assess whether any of these defenses might apply in your specific case. The laws around stalking can be complex, so having legal representation is critical.

What About Restraining Orders?

In many stalking cases, the victim will also obtain a temporary restraining order (TRO) or final restraining order (FRO) against the accused stalker. This is a court order that typically prohibits any contact with the victim.

Violating a restraining order related to stalking charges is taken very seriously. It’s considered contempt of court and can potentially lead to new criminal charges separate from the stalking case.

Restraining order violations often result in strict bail conditions, like loss of driving privileges, mandatory ankle monitoring, and forfeiture of firearms. They can also negatively impact the stalking case itself and lead to higher penalties.