Search Rutgers Law Library N.J. Court Opinions

136 /usr/local/share/www/libweb/collections/courts/appellate/a0448-17.opn.html -- rank: 538

... had committed a predicate act of harassment as defined by N.J.S.A. 2C:33-4. The judge based this decision on its finding that the ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] For a finding of harassment under N.J.S.A. 2C:33-4, the actor must have the purpose to harass. Corrente v ... touching. The record supports the finding of harassment under both N.J.S.A. 2C:33-4(b) and (c). The record also supports the trial court ...

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137 A.L. v. R.L. -- rank: 538

... based on a finding of the predicate offense of harassment, N.J.S.A. 2C:33-4(b), 1 under the Prevention of Domestic Violence Act of ... wall amounts to harassment." Looking to the purpose paragraph of N.J.S.A. 2C:33-4, the judge concluded that defendant intended "to assert his dominion ... trial court found that the predicate act of harassment under N.J.S.A. 2C:33-4(b) had occurred. Under that statute, an act of harassment ... ubjects another to striking, kicking, shoving, or other offensive touching[.]" N.J.S.A. 2C:33-4(b). 2 The Union judge called an incident occurring June ...

docket:	a3491-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	unpublished
citation:
Document Size:	34654

138 D.F v. J.S. -- rank: 538

... 2C:12-1, and engaged in harassment, as defined in N.J.S.A. 2C:33-4. That latter statute, which was the one relied upon by ... and (2) committed an act prohibited by subsection (b) of N.J.S.A. 2C:33-4. Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:33-4 (2012). Proof of a purpose to harass is an essential element of N.J.S.A. 2C:33-4. See L.D. v. W.D. , 327 N.J. Super ... the conduct was an "offensive touching" intended to harass under N.J.S.A. 2C:33-4(b). We also conclude that there was sufficient credible evidence ...

docket:	a5776-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-02
status:	unpublished
citation:
Document Size:	17670

139 STATE OF NEW JERSEY v. R.F.,1 -- rank: 536

... court on two separate complaints for harassment, in violation of N.J.S.A. 2C:33-4(c). He then appealed to the Law Division, which, after ... was convicted of two counts of harassment, in violation of N.J.S.A. 2C:33-4(c), which was later upheld by the Superior Court after ... with defendant. Although the second complaint alleged a violation of N.J.S.A. 2C:33-4(a), defendant was convicted on both complaints for violating N.J.S.A. 2C:33-4(c), which states: [A] person commits a petty disorderly persons ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4(c).] Two distinct elements must be established to prove the ... to harass or harassment as required by Section (c) of N.J.S.A. 2C:33-4 , which "proscribes a course of alarming conduct or repeated ...

docket:	a1604-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	26548

140 G.C. v. L.H. -- rank: 536

... of harassing conduct constituted an act of domestic violence under N.J.S.A. 2C:33-4(c). 1 Because G.C. continued to harass L.H ... J.S.A. 2C:25-19(a), which incorporates harassment, N.J.S.A. 2C:33-4, and stalking, N.J.S.A. 2C:12-10, as ... harassment, G.C. failed to satisfy either prong of Silver . N.J.S.A. 2C:33-4 defines harassment, in relevant part, as follows: [A] person commits ... of a purpose to harass is an essential element of N.J.S.A. 2C:33-4. See L.D. v. W.D. , 327 N.J. Super ... public event did not constitute an act of harassment under N.J.S.A. 2C:33-4(a). G.C. did not claim he was "annoyed" or ... to L.H. was fully supported under the harassment statute, N.J.S.A. 2C:33-4(c), we need not address the judge's alternative ...

docket:	a5236-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-27
status:	unpublished
citation:
Document Size:	26597

141 STATE OF NEW JERSEY v. JAY R. ARTZ -- rank: 536

... incident within their concern knowing that it did not occur[.]' N.J.S.A. 2C:33-4(a) states 'a person commits a petty disorderly offense if ... alone provided adequate probable cause to constitute harassment pursuant to N.J.S.A. 2C:33-4(a). Also, defendant's calls violated N.J.S.A ...

docket:	a0955-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-05
status:	unpublished
citation:
Document Size:	77591

142 K.M v. J.G -- rank: 536

... is there is a lot of communications that fall under [ N.J.S.A. 2C:33-4(a)] that were offensively coarse language and cause to embarrass ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4 (omitting deleted and grading subsections).] For purposes of subsection (a ... acts of harassment under both subsections (a) and (c) of N.J.S.A. 2C:33-4, constituting domestic violence against plaintiff. The October 30, 2011 e ...

docket:	a6065-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-28
status:	Published
citation:
Document Size:	40321

143 L.B.I v. W.F.A.-Y. -- rank: 533

... against defendant, alleging defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4,4 by 2 The challenged order was amended on March ... these proceedings. R. 1:38-3(d)(9)-(10). 4 N.J.S.A. 2C:33-4 provides, in part, that A-3579-19 2 calling her ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] 5 'A person is guilty of assault if the person ... a course of conduct designed to annoy or alarm under N.J.S.A. 2C:33-4(c) A-3579-19 6 and constituted harassment because it ...

docket:	a3579-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-12
status:	Unpublished
citation:
Document Size:	23526

144 E.L v. R.L.M., JR -- rank: 533

... 25-19 by reference to enumerated criminal statutes including harassment, N.J.S.A. 2C:33-4. Harassment, in turn, can be found if, "with a purpose ...

docket:	a0955-11
court:	NJ Superior Court Appellate Division
decided:	2012-05-30
status:	unpublished
citation:
Document Size:	41910

145 K.M.R v. B.R.,1 -- rank: 533

... relates to the predicate acts of harassment under the PDVA, N.J.S.A. 2C:33-4; N.J.S.A. 2C:25- 19(a)(13), which ... made no reference to the harassment statute under the PDVA. N.J.S.A. 2C:33-4; N.J.S.A. 2C:25-19(a)(13). Moreover ... 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. No such ...

docket:	a2603-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-05
status:	Unpublished
citation:
Document Size:	23909

146 R.B v. S.A.L. -- rank: 533

... R.B. claimed defendant committed acts of harassment contrary to N.J.S.A. 2C:33-4 when she followed him in her automobile from his place ... Silver , 387 N.J. Super. 112 , 127 (App. Div. 2006)). N.J.S.A. 2C:33-4 defines harassment as follows: Except as provided in subsection e ... alarm or seriously annoy such other person. A violation of N.J.S.A. 2C:33-4(c), therefore, requires a purpose to harass another and "a ... conduct constituted an act of harassment within the intent of N.J.S.A. 2C:33-4, such conduct could not establish the predicate crime for a ...

docket:	a5726-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-02
status:	unpublished
citation:
Document Size:	15452

147 A.S. v. R.S -- rank: 531

... complaint also alleged defendant committed the predicate act of harassment. N.J.S.A. 2C:33-4(a). It appears plaintiff did not pursue the claim at ... the PDVA claiming defendant committed the predicate acts of harassment, N.J.S.A. 2C:33-4, and simple assault, N.J.S.A. 2C:12-1 ... determined the exchange of emails did not constitute harassment under N.J.S.A. 2C:33-4. Id. at 224-27. We found the evidence supported the ...

docket:	a0942-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-20
status:	Unpublished
citation:
Document Size:	32206

148 D.M.R. v. M.K.G., -- rank: 531

... to -35, based on a single alleged predicate act, harassment, N.J.S.A. 2C:33-4(a). Defendant raises the following issues on appeal: POINT I ... THAT [M.K.G.] COMMITTED THE PREDICATE ACT OF HARASSMENT, N.J.S.A. 2C:33-4(a). POINT II: THE TRIAL COURT ERRED IN FAILING TO ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4(a) to (c).] A-4085-19 18 Harassment requires the ... A-4085-19 19 course of conduct with repeated acts. N.J.S.A. 2C:33-4(a) and (c). Nevertheless, we will not disturb the trial ... finding that the defendant committed the predicate act of harassment. N.J.S.A. 2C:33-4(a). However, the judge erred in finding plaintiff required an ...

docket:	a4085-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-11
status:	Published
citation:
Document Size:	37070

149 STATE OF NEW JERSEY v. J.C.D. -- rank: 531

... from his convictions for the petty disorderly offenses of harassment, N.J.S.A. 2C:33-4(a) and contempt of court, N.J.S.A. 2C ... self, absent the use of fighting words. . . ." Alternatively, defendant maintains N.J.S.A. 2C:33-4 must be construed to criminalize only language "understood to have ... or any other manner likely to cause annoyance or alarm[.] [ N.J.S.A. 2C:33-4(a).] As applied here, in addition to proving defendant issued ... recipient. Cannel, N.J. Criminal Code Annotated , comment 3 on N.J.S.A. 2C:33-4 (2014). There is no dispute that defendant authored and sent ... as specious and conclude the proofs satisfy each element of N.J.S.A. 2C:33-4(a) beyond a reasonable doubt, and sustain defendant's conviction ... Hoffman , supra , 149 N.J. at 582. The Court held: N.J.S.A. 2C:33-4(a) is not unconstitu-tionally vague. The specific state ...

docket:	a3438-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-02
status:	unpublished
citation:
Document Size:	24798

150 STATE OF NEW JERSEY v. FRED R. BECKER -- rank: 529

... court record, finding him guilty of harassment in violation of N.J.S.A. 2C:33-4(a). Defendant was sentenced to pay a $250 fine, plus ... proven beyond a reasonable doubt the elements of harassment under N.J.S.A. 2C:33-4(a). Discounting defendant's First Amendment argument, the court noted that N.J.S.A. 2C:33-4(a) is aimed not at the content of the offending ... or any other manner likely to cause annoyance or alarm." N.J.S.A. 2C:33-4(a). For purposes of subsection (a), a single act can ... credible evidence that defendant committed an act of harassment under N.J.S.A. 2C:33-4(a). The January 25, 2012 voicemail alone, using vulgar and ... and in a "manner likely to cause annoyance or alarm." N.J.S.A. 2C:33-4(a). We also reject defendant's argument that he ...

docket:	a1405-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	27424