Criminal Defense Lawyers

New Jersey’s Stalking Law – 2C:12-10

New Jersey’s stalking law, section 2C:12-10 of the New Jersey Code of Criminal Justice, makes stalking a criminal offense in the state. This law defines stalking and outlines the penalties for committing this crime in New Jersey.

What is Stalking Under New Jersey Law?

Under 2C:12-10, stalking involves engaging in a “course of conduct” directed at a specific person that would cause a reasonable person to fear bodily injury or death for themselves or a family member. The law defines “course of conduct” as repeatedly maintaining proximity to someone or repeatedly conveying threats through any means of communication. The “repeatedly” aspect means doing these actions on two or more occassions.

• A course of conduct:
  • Maintaining physical or visual proximity to someone
  • Conveying threats through any form of communication
• Doing these actions repeatedly – at least twice
• Causing a reasonable person to fear injury or death for themselves or family

The course of conduct has to be directed at a specific person. Generalized behavior that’s not targeting someone is not considered stalking under this law.

Stalking Penalties in New Jersey

2C:12-10 establishes stalking as a crime ranging from a fourth to third degree offense, depending on circumstances:

• Fourth degree crime – Stalking causing a reasonable fear of injury or death is a fourth degree crime. This is punishable by up to 18 months in prison and a fine up to $10,000.
• Third degree crime – Stalking is a third degree crime if:
  • The stalker was already subject to a court order prohibiting the behavior
  • The stalker was on parole or probation for another offense when committing stalking
  • The stalker commits a second or subsequent act of stalking against the same victim

Third degree crimes are punishable by 3-5 years in prison and a fine up to $15,000.

Defenses Against Stalking Charges

Some possible defenses against stalking charges in New Jersey include:

• No “course of conduct” – Argue there was no repeated behavior or threats against the alleged victim. An isolated incident does not meet the “course of conduct” definition.
• No intent – The law requires “purposely or knowingly” engaging in stalking behavior. Argue there was no intent to stalk or threaten the victim.
• No fear caused – Argue the alleged victim did not experience reasonable fear of injury or death. Their fear has to be reasonable under the circumstances.
• Misidentification – Argue the alleged stalking behaviors were misattributed and you did not actually commit them.
• False allegations – If there is evidence the alleged victim fabricated or exaggerated the stalking claims, argue the charges should be dismissed.

Restraining Orders for Stalking

Under New Jersey’s Prevention of Domestic Violence Act, victims of stalking can obtain a restraining order against their stalker. This prohibits contact between the parties and violating the order can lead to criminal charges.

Stalking vs. Harassment in New Jersey

Stalking and harassment are related but distinct crimes under New Jersey law. The main differences are:

• Course of conduct – Stalking requires repeated acts against the victim, while harassment can be a single incident.
• Nature of the acts – Stalking involves threats that cause reasonable fear of injury or death. Harassment involves alarming conduct that annoys or alarms the victim.
• Intent – Stalking requires purposeful or knowing conduct. Harassment only requires conduct done with purpose to harass.

So while stalking and harassment may overlap, stalking is generally more threatening and malicious in nature under New Jersey law.

Conclusion

Stalking is a serious crime in New Jersey that can result in years in prison and substantial fines. Anyone facing stalking charges needs an experienced criminal defense attorney to challenge the charges and build their defense. Consulting with a lawyer immediately allows time to gather evidence and witness statements to undermine the prosecution’s case. With an effective legal defense, it is possible to get stalking charges reduced or even dismissed.