The rise in popularity of social media and the use of the internet has led some people to engage in cyberstalking. It is identified in New Jersey law as the offense of cyber harassment. Whether cyberstalking involves posting nude photographs or videos of the targeted individual on Facebook, or another platform, sending text messages or emails, creating fictitious accounts, or by other means, harassment of this nature is a serious criminal offense.
A cyberstalking charge in New Jersey can be punished with prison time and a fine of up to $10,000. There may be additional punishment if cyber harassment charges are linked to domestic violence and/or the violation of a restraining order.
If you are facing cyberstalking charges, you must respond with a strong legal defense if you are to preserve your freedom.
The Law Offices of Jonathan F. Marshall represent clients across New Jersey accused of computer crimes, including cyberstalking and similar harassment charges. Our lead defense attorney, Jonathan F. Marshall, has been defending individuals accused of a wide variety of state and federal criminal offenses since 1993.
The Law Offices of Jonathan F. Marshall can defend you with:
- A legal team that has over 200 years of combined experience in courtrooms across New Jersey
- 10 lawyers who have dedicated their practices exclusively to representing those accused of violating the law
- Certified criminal trial attorneys
- Former public defenders and prosecutors who have held leadership roles in district attorneys’ office across New Jersey, including as head of a Domestic Violence Unit
- An impressive track record of charges against our clients being downgraded or dismissed.
If you have been charged or you are under investigation for cyberstalking, contact the Law Offices of Jonathan F. Marshall immediately. We work out of Red Bank and several other locations across New Jersey. Contact us at 855-450-8310 or online to schedule a free initial legal consultation about defending against charges of cyber harassment.
New Jersey’s Cyberstalking Law
Stalking means engaging in a course of conduct that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. To stalk a person online is cyberstalking, or cyber harassment.
Under N.J.S.A. 2C:33-4.1, an individual commits the offense of cyber-harassment if, with the intent to harass another person, they use an electronic device or social media to go online and:
- Threaten to cause injury or harm to another person or their property
- Send or post lewd, indecent, or obscene comments or material to or about a person with the intent to emotionally harm or place a reasonable person in fear of physical or emotional harm
- Threaten to commit a crime against another person or their property.
Cyber harassment is ordinarily charged as a fourth-degree offense. The charge is for a third-degree offense if the accused is 21 years of age or older and impersonates a minor to cyber harass a minor.
A conviction for the fourth-degree offense of cyber harassment is punishable with a fine of up to $10,000 and up to 18 months in prison. A third-degree cyber harassment conviction carries up to 5 years in prison and a maximum fine of $15,000.
When a minor under the age of 16 is convicted of cyber harassment, the court may order mandatory classes or training for the juvenile and a parent or guardian to bring awareness to the dangers of this behavior. A parent or guardian who fails to comply may be charged as a disorderly person and fined up to $25 for a first offense and up to $100 for each subsequent offense.
Cyberstalking and Domestic Violence in New Jersey
Cyber harassment is considered a form of domestic violence when it is committed against someone who is protected by the New Jersey Prevention of Domestic Violence Act. Individuals who may claim an act of cyberstalking is domestic violence include a present or former spouse, boyfriend/girlfriend, or someone with whom the defendant had a previous dating relationship.
Such alleged victims may seek criminal charges for cyberstalking and apply for a temporary restraining order (TRO), which prohibits any future contact or communications from the accused. A TRO is almost automatically issued when sought in New Jersey. Allegations of cyberstalking or other acts do not have to be proven for a TRO to be issued.
A TRO may impose numerous restrictions on a defendant and must be answered within 10 days or it could become a Final Restraining Order (FRO), which imposes restrictions for a year.
Violation of a restraining order is considered contempt of court, a fourth-degree offense punishable by 18 months in prison and a $10,000 fine.
Defenses to Cyberstalking Allegations in New Jersey
To convict someone of cyberstalking or cyber harassment, prosecutors must prove all five elements of the offense, which are that:
- The alleged act involved the internet, social media, or electronic means
- The defendant made a communication or posted something
- The communication or post included a threat to commit a crime against a person or their property or involved lewd, indecent, or obscene material
- The conduct occurred with the intent to harass
- The conduct would cause a reasonable person emotional harm or fear of physical or emotional harm.
In other words, to obtain a conviction, prosecutors must prove the defendant was the one who put the material in question online, that it included a threat or was obscene, and that it was meant to and in fact would distress or frighten a reasonable person.
It is one thing to believe the person whose name is attached to an email or IP address is responsible for material from a certain cyber location, but proving it beyond a reasonable doubt, as required in criminal court, can be difficult. Proving intent and what a reasonable person would find distressing is another often-tough hurdle.
If you have been apprehended by police and asked to turn over your computer, cellphone, or other device and/or you have been served with a temporary restraining order, do not answer any questions. State clearly that you would like to speak to your attorney before cooperating with the police. Do not attempt to stop police from seizing devices, but do not find them and hand them over for them.
Any questions from police about cyberstalking charges will be designed to tie you to certain facts, locations, and/or a timeline that demonstrates your access to certain computers, devices, networks, or platforms. You have the right to remain silent and decline to answer questions prior to being advised by an attorney.
You should contact the Law Offices of Jonathan F. Marshall at your first opportunity so we may protect your rights and build a strong defense for you against cyberstalking charges. If contacted soon enough, we may be able to put an end to improper prosecution based on false accusations of cyberstalking and/or illegal seizure of your phone, tablet, laptop, or other improper acts by police or prosecutors.
Our defense strategy will depend on the facts of the case, the evidence against you, and our ability to counter the most damaging aspects of the prosecution’s case. Because some of our attorneys are former prosecutors, we are well equipped to identify weaknesses in cases. Because we have professional, working relationships with prosecutors across New Jersey, they will carefully consider our arguments when we point out problems or suggest alternative theories to their cases.
If there has been wrongdoing, we will seek to use any evidence in your favor to negotiate reduced charges and/or lighter punishment. If you have had no previous criminal convictions, there may be diversion programs available to allow you to avoid prison time, including New Jersey’s Conditional Discharge.
Whether to agree to a plea bargain is always the client’s decision. Our NJ criminal attorneys are always prepared to fight cyberstalking allegations in court. Any defendant has the right to a trial, at which the prosecution must prove guilt beyond a reasonable doubt in order to obtain a conviction. We will do everything legally permissible to obtain a not guilty verdict if your case must go before a judge and jury.
Contact Our New Jersey Cyberstalking Defense Lawyers Today
If you or a loved one faces cyberstalking or cyberharassment charges in New Jersey, you need a strong legal defense crafted by experienced N.J. computer crime attorneys. Our seasoned New Jersey legal team can develop an aggressive and strategic criminal defense to help you avoid punishment for cyberstalking charges that are false. We can negotiate the best possible outcome of the charges against you if you have made mistakes.
Phone 855-450-8310 or complete our online form to meet with an experienced criminal defense attorney who can help you. We have multiple offices across New Jersey. In a free initial legal consultation, an experienced computer crimes lawyer will explain the charges you face, your legal options, and how decisions you make now may impact your future. Contact us anytime 24/7 for the sound legal guidance you deserve.
