Search Rutgers Law Library N.J. Court Opinions

1 State v. William Burkert -- rank: 1000

... tests the limits to which a broadly worded harassment statute, N.J.S.A. 2C:33-4(c), can criminalize speech. William Burkert and Gerald Halton were ... harassing Halton on January 8 and 11 in violation of N.J.S.A. 2C:33-4(c). The court found that Burkert made and circulated the ... certification. 227 N.J. 377 (2016). HELD: To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach in cases involving ... with that person’s reasonable expectation of privacy. 1 1. N.J.S.A. 2C:33-4 distinguishes between “communications” and “language” that violate the ... Legislature had in mind offensive speech as the object of N.J.S.A. 2C:33-4(c). That the primary thrust of N.J.S.A. 2C:33-4(c) is not to interdict speech, but rather conduct, ...

docket:	a_6_16
court:	NJ Supreme Court
decided:	2017-12-19
status:
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Document Size:	93545

2 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 968

... a) (count eighty); and the disorderly persons offense of harassment, N.J.S.A. 2C:33-4(a) (count seventy-eight). All three defendants filed motions for ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

3 /usr/local/share/www/libweb/collections/courts/appellate/a3623-18.opn.html -- rank: 792

... did not have a purpose to harass as required by N.J.S.A. 2C:33-4. He further argues the trial court's ruling impinged upon ... not clearly indicate which specific type(s) of harassment under N.J.S.A. 2C:33-4 the court found that defendant had committed. To the extent ... may have relied on the type of harassment defined in N.J.S.A. 2C:33-4(c), the court did not make findings with respect to ... 564, 583 (1997) (narrowing the breadth of catchall language in N.J.S.A. 2C:33-4(a) to avoid constitutional infirmity), and more recently in Burkert ... defendant committed the predicate act of harassment as defined in N.J.S.A. 2C:33-4.3 The harassment statute consists of several sections that specify ... with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2C:33-4.] 4 All of the distinct variations of harassment share ...

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4 DOE V. PORITZ -- rank: 772

... to criminal sanctions if and when it occurs again. See N.J.S.A. 2C:33-4. Obviously, as the dissent acknowledges, future community reactions are impossible ...

docket:	a-170-94
court:	njsupreme
decided:	1995-07-25
status:
citation:	142 N.J. 1
Document Size:	387194

5 State of New Jersey v. Andrew Higginbotham -- rank: 758

... Neither Hoffman nor Paroline counsel otherwise. In Hoffman, we interpreted N.J.S.A. 2C:33-4(a), which deems it harassment to “make[], or cause ... offensive touching and courses of alarming conduct to be harassment. N.J.S.A. 2C:33-4(a), (b), and (c). 31 While the communications only had ... to “cause annoyance or alarm” to qualify as harassment, N.J.S.A. 2C:33-4(a) (emphasis added), the course of alarming conduct had to ... purpose to alarm or seriously annoy such other person,” N.J.S.A. 2C:33-4(c) (emphasis added). We refused to “engraft[] the term ... was intentional.” Hoffman, 149 N.J. at 579 (citing N.J.S.A. 2C:33-4(a) and (c)). The same is true here. “[F ...

docket:	a_57_22
court:	supreme
decided:	2024-05-07
status:	Published
citation:
Document Size:	84092

6 /usr/local/share/www/libweb/collections/courts/appellate/a3247-18.opn.html -- rank: 754

... guilty plea to two counts of fourth-degree cyber- harassment, N.J.S.A. 2C:33-4.1(a)(2). The judge sentenced defendant in accordance with ... three counts of fourth-degree cyber-harassment, in violation of N.J.S.A. 2C:33-4.1(a)(2) (counts one, three, and five); and two ... raised three points: POINT I THE 'REASONABLE PERSON' STANDARD OF N.J.S.A. 2C:33-4.1A(2) (THE CYBER[-] HARASSMENT STATUTE) DOES NOT SATISFY THE ... A CHALLENGE TO THE CONSTITUTIONALITY OF A STATE STATUTE— SPECIFICALLY [N.J.S.A.] 2C:33-4.1(a)— NOTWITHSTANDING A PLEA AGREEMENT WAIVER OF APPELLATE ... harassment statute is unconstitutional because the reasonable person standard of N.J.S.A. 2C:33- - 4.1(a)(2) fails to satisfy the scienter requirement of ... beyond a reasonable doubt.' Lenihan, 219 N.J. at 266. N.J.S.A. 2C:33-4.1(a)(2), which was enacted in 2014, provides ...

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7 I.S.-P. v. L.A.P.-C. -- rank: 745

... Plaintiff alleged that defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, under the PDVA. N.J.S.A. 2C:25-19 ... committed the predicate act of harassment under subsection (a) of N.J.S.A. 2C:33-4(a), and that a FRO was necessary to protect plaintiff ... one or more of" certain enumerated acts, including harassment under N.J.S.A. 2C:33-4. In her complaint, plaintiff alleged that defendant committed the predicate act of harassment under N.J.S.A. 2C:33-4. At the conclusion of the hearing, however, the court limited ... committed the predicate act of harassment under subsection (a) of N.J.S.A. 2C:33-4. N.J.S.A. 2C:33-4(a) provides that a person is guilty of harassment ...

docket:	a1144-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-24
status:	unpublished
citation:
Document Size:	30415

8 B.M.O v. P.M.A -- rank: 738

... upon his findings defendant committed the predicate act of harassment, N.J.S.A. 2C:33- 4, against plaintiff B.M.O., and an FRO is necessary ... amended complaint alleged defendant committed the predicate acts of harassment, N.J.S.A. 2C:33-4, and cyber harassment, N.J.S.A. 2C:33-4.1, under the PDVA. 1 We use initials to protect ... communications in a manner likely to cause annoyance or alarm, N.J.S.A. 2C:33-4(a), and by engaging in a course of conduct with ... to cause annoyance or alarm to plaintiff in violation of N.J.S.A. 2C:33-4(a), or that he engaged in a course of alarming ... to cause alarm or seriously annoy plaintiff in violation of N.J.S.A. 2C:33-4(c). Although harassment is 'one of the most frequently ...

docket:	a2757-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-21
status:	Unpublished
citation:
Document Size:	42080

9 State v. David T. Pomianek, Jr. -- rank: 731

... offenses of harassment by alarming conduct and harassment by communication, N.J.S.A. 2C:33-4(a), (c). The Appellate Division reversed the bias-intimidation conviction ... offenses of harassment by alarming conduct and harassment by communication, N.J.S.A. 2C:33-4(a), (c). C. The trial court sentenced defendant on the ... Appellate Division affirmed defendant’s convictions of harassment by communication, N.J.S.A. 2C:33-4(a), and harassment by alarming conduct, N.J.S.A. 2C:33-4(c), and remanded for retrial on the charges of bias ... disorderly persons’ offenses of harassment by communication and alarming conduct. N.J.S.A. 2C:33-4(a), (c). Harassment is punishable by a sentence not to ... rejected a due process vagueness challenge to the entirety of N.J.S.A. 2C:33-4(d) (repealed by L. 2001, c. 443, § 3), ...

docket:	A-32-13
court:	NJ Supreme Court
decided:	2015-03-17
status:
citation:	221 N.J. 66 110 A.3d 841
Document Size:	107351

10 L.E v. K.E.W -- rank: 716

... judge concluded defendant's actions constituted harassment in violation of N.J.S.A. 2C:33-4(c). The court stated, I find that [Defendant] had the ... case expressly requires proof of a 'course of alarming conduct.' N.J.S.A. 2C:33-4(c) (emphasis added). A-5712-17T1 15 a 'family-like ... provision of the harassment statute codified in subsection c of N.J.S.A. 2C:33-4. That portion of the statute provides that 'a person commits ... with purpose to alarm or seriously annoy such other person.' N.J.S.A. 2C:33-4(c). That provision is meant to cover alarming conduct not otherwise specifically addressed in subsections (a) or (b) of N.J.S.A. 2C:33-4.3 On the facts presented in this case, we have ... course of conduct was alarming, provoking intense emotions. 3 Compare N.J.S.A. 2C:33-4(a) ('A person commits a[n] . . . offense if, with ...

docket:	a5712-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-22
status:	Unpublished
citation:
Document Size:	47524

11 STATE OF NEW JERSEY v. DAVID T. POMIANEK, JR -- rank: 702

... Was Insufficient Evidence to Sustain a Conviction of Harassment under N.J.S.A. 2C:33-4(a) and the Defendant Should Have Been Granted an Acquittal ... penalty for the commission of certain predicate offenses, including harassment, N.J.S.A. 2C:33-4. Section a of the statute defines the elements of the ... through 18 of Title 2C of the New Jersey Statutes; N.J.S.[A. ] 2C:33-4; N.J.S.[A. ] 2C:39-3; N.J.S ... 38 [(App. Div. 1981)], the Appellate Division found that because N.J.S.A. 2C:33-4, the harassment statute, requires the speaker to have the specific ...

docket:	a2694-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-30
status:	published
citation:	429 N.J.Super. 339 58 A.3d 1205
Document Size:	82068

12 J.E.S v. A.S., JR -- rank: 700

... erred as a matter of law in finding harassment under N.J.S.A. 2C:33-4. Because defendant told plaintiff she would be in a body ... intention of seriously annoying or alarming plaintiff, in violation of N.J.S.A. 2C:33-4(c). On Father's Day, June 15, 2014, defendant went ... alarming conduct for the purpose to harass the [plaintiff]" under N.J.S.A. 2C:33-4(c). The court held that this occurrence "was really a ... committed three predicate acts of harassment within the meaning of N.J.S.A. 2C:33-4(a) and (c), the trial court also found that there ... J. 458 , 475 (2011). "Each of [the] three subsections [of N.J.S.A. 2C:33-4] is 'free-standing, because each defines an offense in its ... or any other manner likely to cause annoyance or alarm." N.J.S.A. 2C:33-4(a). Subsection (c) provides that a person commits harassment ...

docket:	a1103-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-11-11
status:	Published
citation:
Document Size:	38141

13 B.L.D v. C.M.C -- rank: 695

... trial court found defendant committed the predicate acts of harassment, N.J.S.A. 2C:33-4, and contempt, N.J.S.A. 2C:29-9(b ... court determined defendant committed the predicate act of harassment under N.J.S.A. 2C:33-4 during the August 13, 2020 incident. See N.J.S ... the offense of harassment under any of the subsections of N.J.S.A. 2C:33-4. He also argues the court applied the wrong legal standard ... or more of the three subsections of the statute. See N.J.S.A. 2C:33-4(a) to (c). 'Each of those three subsections is 'free ... threatens to strike, shove or otherwise offensively touch the victim. N.J.S.A. 2C:33-4(b); see also State v. Berka, 211 N.J. Super ... 721 (Law Div. 1986) (finding elements of an offense under N.J.S.A. 2C:33- 4(b) include acting with purpose to harass by 'subjecting ...

docket:	a0700-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-21
status:	Unpublished
citation:
Document Size:	57772

14 /usr/local/share/www/libweb/collections/courts/appellate/a1358-19.opn.html -- rank: 693

... found that defendant had engaged in harassment, in violation of N.J.S.A. 2C:33-4(a), which is a predicate act of domestic violence under ... that the Family Part judge: (1) misapplied the harassment statute, N.J.S.A. 2C:33-4; and (2) failed to evaluate all of the factors in ... the judge erred by finding him guilty of harassment under N.J.S.A. 2C:33-4 based on text messages to third parties. He contends there ... identifies certain acts of domestic violence, which include harassment under N.J.S.A. 2C:33-4. See N.J.S.A. 2C:25-19(a). N.J.S.A. 2C:33- 4 provides that: [A] person commits a petty disorderly persons offense ... purpose to alarm or seriously annoy such other person. Under N.J.S.A. 2C:33-4, subsection (a) criminalizes harassing communication while subsections (b) and ( ...

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15 B.E.D v. D.S.W. -- rank: 691

... finding that defendant had committed the predicate act of harassment. N.J.S.A. 2C:33- 4(b). Defendant appealed, and we vacated the FRO, reinstated the ... had proved that defendant committed the predicate acts of harassment, N.J.S.A. 2C:33-4(a) to (c); assault, A-2384-20 2 N.J ... s consideration only to the predicate act found at trial, N.J.S.A. 2C:33-4(b); and (2) the trial judge added predicate acts that ... act found by the trial judge before the first appeal. N.J.S.A. 2C:33- 4(b). Instead, having determined that the trial judge had 'failed ... to the finding of the predicate act of harassment under N.J.S.A. 2C:33-4(a).2 However, plaintiff alleged harassment in both the complaint ... argument includes the trial judge's findings regarding harassment under N.J.S.A. 2C:33-4(c) and trespass under N.J.S.A. 2C: ...

docket:	a2384-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-10
status:	Unpublished
citation:
Document Size:	33347