Q: Do acts of harassment alone constitute stalking under NJ law when seeking an FPO?
I am experiencing harassment and potential stalking from an individual who has persistently contacted me. This person called me 73 times and sent 50 text messages in one night, making threats and using abusive language, including derogatory names. After blocking him, he continued harassment through various platforms, using six different phone numbers, two Instagram accounts, and two Reddit accounts. He has shown up uninvited at places I frequent, such as music shows and restaurants, despite my requests for no contact. Although he has excuses for these physical appearances, I am more concerned about whether the acts of harassment alone would constitute stalking. He also threatened to check on the security measures at my school, where I have reported the harassment. I am currently involved in a court case for a Final Protective Order (FPO) against him and have evidence of all texts and call logs. I would like to know if these repeated acts of harassment alone constitute stalking under New Jersey law.
A: Yes it sounds like it could be harassment but more information would be needed as you did state he has excuses. If you are fighting for an FRO I hope you have a good lawyer representing you.
A:
Greetings, based on the law cited below, the answer is YES. You should file a complaint with the police department to accuse him of this charge. You must be able to show police all of the proofs you have mentioned. Good Luck!
2C:12-10 Definitions; stalking designated a crime; degrees.
1. a. As used in this act:
(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
(2) "Repeatedly" means on two or more occasions.
(3) "Emotional distress" means significant mental suffering or distress.
(4) "Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.
b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.
c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
d. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
e. A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.
f. This act shall not apply to conduct which occurs during organized group picketing.
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