Search Rutgers Law Library N.J. Court Opinions

106 K.S. v. S.H -- rank: 551

... S.A. 2C:25-29(a)). Harassment, as defined by N.J.S.A. 2C:33-4, is one of the predicate acts of domestic violence. N ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] A finding of harassment under the first Silver prong requires proof that the defendant acted 'with purpose to harass.' N.J.S.A. 2C:33-4; see Silver, 387 N.J. Super. at 124. An act ...

docket:	a0650-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-20
status:	Unpublished
citation:
Document Size:	30713

107 STATE OF NEW JERSEY v. TOM WHITE -- rank: 551

... trial, defendant Tom White appeals from his conviction of harassment, N.J.S.A. 2C:33-4(c), a petty disorderly persons offense, and his sentence of ... racial slurs. They're uncontradicted, clearly meet the definition of N.J.S.A. 2C:33-4 whereby [defendant] made a communication, one of them at least ... Supreme Court noted the purpose served by the harassment statute, N.J.S.A. 2C:33-4, is "to make criminal, private annoyances that are not entitled ... to Blondell, which is a statutory element of the offense, N.J.S.A. 2C:33-4. Accordingly, the judge did not err in considering Blondell's ...

docket:	a6198-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-12
status:	unpublished
citation:
Document Size:	33422

108 M.A.P v. U.G -- rank: 551

... M.A.P., based on the predicate act of harassment, N.J.S.A. 2C:33-4(a).1 Defendant argues the trial judge erred in finding ... judge concluded plaintiff had proven the predicate act of harassment, N.J.S.A. 2C:33-4(a). He found the first prong had been 'triggered' based ... N.J.S.A. 2C:25-19(a)(13). Under N.J.S.A. 2C:33-4(a), a person commits harassment 'if, with purpose to harass ... requires proof that a defendant acted 'with purpose to harass.' N.J.S.A. 2C:33-4; see Silver, 387 N.J. Super. at 124. Because direct ... When determining whether a person has engaged in harassment under N.J.S.A. 2C:33-4(a), the trial court may 'examine the totality of the ... in a 'manner likely to cause annoyance or alarm . . . .' See N.J.S.A. 2C:33-4(a). The judge also found defendant's behavior toward ...

docket:	a1163-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-08
status:	Unpublished
citation:
Document Size:	27177

109 STATE OF NEW JERSEY v. ZAMIR MARGALIT -- rank: 549

... 8(a), of the petty disorderly persons offense of harassment, N.J.S.A. 2C:33-4(a). Defendant was sentenced to pay a fine of $50 ... a reasonable doubt all of the elements of harassment under N.J.S.A. 2C:33-4(a), and found defendant guilty. On trial de novo in ... communication in a manner likely to cause annoyance or alarm. N.J.S.A. 2C:33-4(a). In his first argument, defendant contends that Dorfman's ... which the county prosecutor downgraded to harassment by offensive touching, N.J.S.A. 2C:33-4(b). The municipal judge found defendant guilty of this charge ...

docket:	a3398-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-14
status:	unpublished
citation:
Document Size:	30517

110 M.D. v. C.W -- rank: 547

... the credible evidence as to the predicate acts of harassment, N.J.S.A. 2C:33-4(b); assault, N.J.S.A. 2C:12-1(1 ... requires proof that the defendant acted 'with purpose to harass.' N.J.S.A. 2C:33-4; see Silver, 387 N.J. Super. at 124. Although a ... harassment, the judge reasoned that plaintiff proved the elements under N.J.S.A. 2C:33-4(b) because there was 'striking, kicking and shoving' by defendant ...

docket:	a3249-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-05
status:	Unpublished
citation:
Document Size:	26478

111 C.C. v. T.R. -- rank: 547

... in N.J.S.A. 2C:25-19(a). Harassment, N.J.S.A. 2C:33-4, is among the fourteen predicate offenses, which, if proven, entitles ... with purpose to alarm or seriously annoy such other person." N.J.S.A. 2C:33-4(c). The word "harass" must be given its ordinary meaning ... that do not rise to the level of harassment under N.J.S.A. 2C:33-4. With these principles in mind, we first address the claim ...

docket:	a3670-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-03
status:	unpublished
citation:
Document Size:	40713

112 IN THE MATTER OF ADRIAN FIGUEROA, JR CAMDEN COUNTY DEPARTMENT OF PARKS -- rank: 547

... 20 3 In July 2019, Figueroa pled guilty to harassment, N.J.S.A. 2C:33-4(b),3 a petty disorderly persons offense, in exchange for ... 4A:2-2.3(a)(12),6 3 Pursuant to N.J.S.A. 2C:33-4(b), 'a person commits a petty disorderly persons offense of ... sick. On July 10, 2019, you ple[d] guilty to [N.J.S.A.] 2C:33-4[(b)] Harassment - offensive touching. Therefore, N.J.A.C. 4A ... actions were a clear violation of criminal law because the N.J.S.A. 2C:33-4(b) charge is enumerated in the New Jersey Code of ... 7 B. The ALJ's holding that pleading guilty to N.J.S.A. 2C:33-4[(b)], a petty disorderly persons offense, absent any nexus to ...

docket:	a2686-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-16
status:	Unpublished
citation:
Document Size:	38845

113 A.D. VS. D.M. -- rank: 547

... 17 to -35, based on the predicate act of harassment, N.J.S.A. 2C:33-4(b). The Family Part judge determined an FRO was necessary ... and TRO to include the predicate act of harassment under N.J.S.A. 2C:33-4(b), because plaintiff testified that defendant shoved her across the ... Thus, the judge concluded that defendant harassed plaintiff pursuant to N.J.S.A. 2C:33-4(b). The judge applied the two-prong test under Silver ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] Harassment requires the defendant to act with the purpose of ... room' with his chest, constituting an act of harassment under N.J.S.A. 2C:33-4(b). The record supports that finding. Moreover, defendant admitted he ...

docket:	a3140-22
court:	appellate
decided:	2024-06-04
status:	Unpublished
citation:
Document Size:	41727

114 A.M., v. E.M -- rank: 547

... 17 to -35, based on the predicate act of harassment, N.J.S.A. 2C:33-4(a). On appeal, defendant contends there is insufficient evidence supporting ... judge found plaintiff proved the predicate act of harassment under N.J.S.A. 2C:33-4(a), because defendant 'engaged in communication in offensively coarse language ... J.S.A. 2C:25-19(a), which incorporates harassment, N.J.S.A. 2C:33-4, as conduct constituting domestic violence. Id. at 125-26. The ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] A finding of harassment requires proof that the defendant acted 'with purpose to harass.' N.J.S.A. 2C:33-4; see Silver, 387 N.J. Super. at 124. Although a ... these communications and actions support a finding of harassment under N.J.S.A. 2C:33-4(a). Here, the judge correctly determined defendant's unrelenting ...

docket:	a3482-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-20
status:	Unpublished
citation:
Document Size:	26939

115 STATE OF NEW JERSEY v. EUGENE OTTO -- rank: 547

... judge concluded that defendant had committed harassment, in violation of N.J.S.A. 2C:33-4, the required element of purpose to harass. Defendant contends that ... have already considered this matter, we are not so persuaded. N.J.S.A. 2C:33-4 states, in relevant part: [A] person commits a petty disorderly ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4.] Each subsection of N.J.S.A. 2C:33-4 is "free-standing because each defines an offense in its ... established at the very least, a 'threat' of assault under N.J.S.A. 2C:33-4(b)." Rather, defendant simply argues that "there is not sufficient ... to harass. The phrase "with purpose to harass another" in N.J.S.A. 2C:33-4 imposes "a specific-intent requirement." State v. Mortimer , 135 ...

docket:	a2502-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-21
status:	unpublished
citation:
Document Size:	34014

116 G.K.H v. D.M.R -- rank: 547

... act of harassment, pursuant to subsections (a) and (c) of N.J.S.A. 2C:33-4 and an FRO was necessary to protect plaintiff from immediate ... under both subsections (a) A-2944-20 4 and (c). N.J.S.A. 2C:33-4 requires the perpetrator act 'with [the] purpose to harass another ... threat to slap plaintiff fell within the statutory definition of N.J.S.A. 2C:33-4(a). It specifically found plaintiff's testimony, corroborated by the ... Mark from him. Defendant's communications constituted harassment pursuant to N.J.S.A. 2C:33-4(a) as the communications were 'offensively coarse language' used in ... trial court also properly found defendant harassed plaintiff pursuant to N.J.S.A. 2C:33-4(c), the catchall provision for conduct not addressed in subsections ... finding defendant committed the predicate act of harassment pursuant to N.J.S.A. 2C:33-4(c). Defendant argues the trial court also erred because ...

docket:	a2944-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-08
status:	Unpublished
citation:
Document Size:	17688

117 KATHY MCGUIRE v. TOWNSHIP OF WATERFORD -- rank: 545

... 1 of the New Jersey Constitution; and the harassment statute, N.J.S.A. 2C:33-4, alleging that she suffered emotional distress. Plaintiff sought judgment: 1 ... address plaintiff's claim for damages under the harassment statute, N.J.S.A. 2C:33-4 and Article I, Paragraph 1 of the New Jersey Constitution ... to the jury solely on the theory of harassment under N.J.S.A. 2C:33-4. Ibid. A verdict was returned for the plaintiffs. On appeal ... to "leave for another day the decision as to whether N.J.S.A. 2C:33-4 creates a civil cause of action," id. at 203, we ... Aly , we need not decide the issue as to whether N.J.S.A. 2C:33-4 provides a private cause of action for damages because we ... dismissal of plaintiff's claim for damages under OPRA and N.J.S.A. 2C:33-4 is affirmed; plaintiff's claims for a declaratory judgment ...

docket:	A3196-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-28
status:	unpublished
citation:
Document Size:	49985

118 STATE OF NEW JERSEY v. AHMED M. RAGAB -- rank: 545

... appeals from a Family Part order convicting him of harassment, N.J.S.A. 2C:33-4(a), and violating the provisions of a temporary restraining order ... or any other manner likely to cause annoyance or alarm.' N.J.S.A. 2C:33-4(a). For a finding of harassment under N.J.S.A. 2C:33-4, the actor must have the purpose to harass. Corrente v ...

docket:	a0728-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-11
status:	Unpublished
citation:
Document Size:	27925

119 M.D. v. B.P. -- rank: 545

... acknowledged that the predicate act plaintiff alleged was harassment under N.J.S.A. 2C:33-4, and under that statute a person commits an offense when ... one plaintiff alleged in her complaint against defendant, is harassment, N.J.S.A. 2C:33-4. The statute defines harassment in pertinent part as follows: Except ... App. Div.), certif. denied , 111 N.J. 562 (1988). Under N.J.S.A. 2C:33-4(a), "there need only be proof of a single such ... D. , supra , 207 N.J. at 477. A violation of N.J.S.A. 2C:33-4(c) . . ., by contrast, requires proof of a course of conduct ... whether the court found that defendant had committed harassment under N.J.S.A. 2C:33-4(a), (c), or both sub-sections. Although the court summarized ... But the court did not explain whether it found under N.J.S.A. 2C:33-4(a) that the message constituted a communication that was ...

docket:	a4536-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-13
status:	unpublished
citation:
Document Size:	35458

120 STATE OF NEW JERSEY v. STEPHEN A. MCMAHON -- rank: 545

... A. 39:3-29; and 9. Harassment, in violation of N.J.S.A. 2C:33- 4(a) (downgraded from Terroristic Threats, N.J.S.A. 2C ...

docket:	a0450-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-27
status:	unpublished
citation:
Document Size:	38921