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New Jersey statute

N.J.S.A. 2C:33-4.1 — Crime of cyber-harassment

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 33, New Jersey Statutes.

Criminal charges under this statute

Full text of N.J.S.A. 2C:33-4.1

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:33-4.1Primary source, current through the P.L.2025, c.346, and J.R.22
1. a. A person commits the crime of cyber-harassment if, while making one or more communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person: (1) threatens to inflict injury or physical harm to any person or the property of any person; (2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or (3) threatens to commit any crime against the person or the person's property. b. Cyber-harassment is a crime of the fourth degree, except that cyber harassment is a crime of the third degree if the person: (1) is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor; (2) commits the offense against a public servant or any member of a public servant�s family. For purposes of this section, �public servant" means any person elected to public office or appointed to or employed by any public entity in this State, or any subdivision thereof, and shall include any person serving as a judicial officer, as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1), juror, advisor, or consultant performing a governmental function, but shall not include witnesses. c. If a minor under the age of 16 is adjudicated delinquent for cyber-harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following: (1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or (2 a class or training program intended to bring awareness to the dangers associated with cyber-harassment. d. A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $100 for a first offense and not more than $500 for each subsequent offense. e. The trier of fact may infer that a person acted with a purpose to harass another if the person knows or should have known that any of the person's actions constituting an offense under this section are knowingly directed to or are about a public servant, and there is a nexus between the offense and relates to the performance of the public servant�s public duties. f. In addition to any other disposition or condition imposed pursuant to this section, a parent or guardian having legal custody of a minor who demonstrates willful or wanton disregard in the exercise of the supervision and control of the conduct of a minor adjudicated delinquent of cyber-harassment pursuant to this section may be liable in a civil action pursuant to section 4 of P.L.2021, c.338 (C.2A:53A-17.1). L.2013, c.272, s.1; amended 2021, c.327, s.2; 2021, c.338, s.1; 2025, c.303, s.1.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.