East Orange, NJ asked in Criminal Law for New Jersey

Q: Does harassment charges stick on the first offense

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3 Lawyer Answers

A: It appears that you’re asking whether a single incident of harassment constitutes a criminal act as opposed to a pattern of acts. The answer is yes.

A: Yes otherwise no one would have a second offense. That being said for first time offenders diversionary programs exist to keep you out of jail if allowed by the court.

A: To help you this is the statute:

2C:33-4a Harassment 2C:33-4 . Harassment.

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

d. (Deleted by amendment, P.L.2001, c.443).

e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.

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