New Jersey criminal charge
Crime of cyber-harassment in New Jersey
Crime of cyber-harassment is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:33-4.1. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:33-4.1.
What is the penalty for crime of cyber-harassment in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (Cyber-harassment (base offense) — Applies to cyber-harassment as defined in subsection a. unless one of the aggravating circumstances in subsection b. applies.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Cyber-harassment (base offense) — Applies to cyber-harassment as defined in subsection a. unless one of the aggravating circumstances in subsection b. applies.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Cyber-harassment — adult impersonating minor to harass a minor — Applies when the offender is 21 or older and impersonates a minor for the purpose of cyber-harassing a minor.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Cyber-harassment — adult impersonating minor to harass a minor — Applies when the offender is 21 or older and impersonates a minor for the purpose of cyber-harassing a minor.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is crime of cyber-harassment classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Cyber-harassment (base offense) | Crime of the Fourth Degree | Applies to cyber-harassment as defined in subsection a. unless one of the aggravating circumstances in subsection b. applies. | N.J.S.A. 2C:33-4.1undefined |
| Cyber-harassment — adult impersonating minor to harass a minor | Crime of the Third Degree | Applies when the offender is 21 or older and impersonates a minor for the purpose of cyber-harassing a minor. | N.J.S.A. 2C:33-4.1undefined |
Common questions about crime of cyber-harassment in New Jersey
What degree of offense is crime of cyber-harassment in New Jersey?
It depends on the circumstances: crime of cyber-harassment ranges from a Crime of the Fourth Degree to a Crime of the Third Degree in New Jersey under N.J.S.A. 2C:33-4.1.
Cyber-harassment (base offense): Crime of the Fourth Degree (N.J.S.A. 2C:33-4.1) · Cyber-harassment — adult impersonating minor to harass a minor: Crime of the Third Degree (N.J.S.A. 2C:33-4.1)
What are the penalties for crime of cyber-harassment in New Jersey?
Penalties for crime of cyber-harassment in New Jersey depend on how it is classified — from a Crime of the Fourth Degree up to a Crime of the Third Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers crime of cyber-harassment?
Crime of cyber-harassment is governed by N.J.S.A. 2C:33-4.1 (Crime of cyber-harassment).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.