Search Rutgers Law Library N.J. Court Opinions

16 S.B.B. v. L.B.B. -- rank: 680

... Applying the elements of subsection (a) of the harassment statute, N.J.S.A. 2C:33-4(a), to her factual findings, in accordance with the first ... communication was 'invasive' of plaintiff's privacy, as proscribed by N.J.S.A. 2C:33-4(a). See State v. Hoffman, 149 N.J. 564, 583 ... 2C:25-19(a) has occurred.' Id. at 125. Harassment, N.J.S.A. 2C:33-4, is among the enumerated predicate offenses. N.J.S.A ... finding of the predicate act of harassment in violation of N.J.S.A. 2C:33-4(a) was based exclusively on defendant's creation and dissemination ... or any other manner likely to cause annoyance or alarm.' N.J.S.A. 2C:33-4(a). A violation of subsection (a) requires the following elements ... 149 N.J. at 576.] Our courts have decreed that N.J.S.A. 2C:33-4(a) 'does not proscribe mere speech, use of language, ...

docket:	a0305-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-06
status:	Published
citation:
Document Size:	76236

17 E.S. v. J.Y.S -- rank: 675

... PDVA, plaintiff alleged defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, by sending her multiple packages after she ended all communications ... abuse.'). Plaintiff alleged defendant committed the predicate act of harassment, N.J.S.A. 2C:33-4, under the PDVA. See N.J.S.A. 2C:25-19(a)(13) (providing harassment under N.J.S.A. 2C:33-4 is a predicate act of domestic violence under the PDVA ... with purpose to alarm or seriously annoy such other person.' N.J.S.A. 2C:33-4(a) to (c). ''A finding of a purpose to harass ... did not allege or prove defendant violated subsection (b) of N.J.S.A. 2C:33-4 by subjecting her to striking, kicking, shoving, or other offensive ... in the record to conclude defendant violated subsection (a) of N.J.S.A. 2C:33-4. For the same reasons, the record does not support ...

docket:	a3149-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-07
status:	Unpublished
citation:
Document Size:	27572

18 State v. Brian P. Hoffman -- rank: 675

... 31, 1992, another temporary restraining order was issued pursuant to N.J.S.A. 2C:33-4 (emphasis added).]     Each of those three subsections is "free-standing ... J. 523 , 533 (1995). As we noted earlier, when enacting N.J.S.A. 2C:33-4, the Legislature sought to fill gaps in the Code of ... repealed statutes, N.J.S.A. 2A:170-26 and N.J.S.A. 2C:33-4. See 2 Final Report , supra , commentary to § 2C:33-4 ... public or private harassing telephone calls.     The final source for N.J.S.A. 2C:33-4 was the American Law Institute's Model Penal Code ("MPC ... defining a "prohibited course of alarming conduct" (currently prohibited by N.J.S.A. 2C:33-4 did not explicitly state its intent concerning the term "annoy ... 25 were not likely to cause annoyance or alarm under N.J.S.A. 2C:33-4. A contempt for violating a domestic violence restraining order ...

docket:	a-78-96
court:	njsupreme
decided:	1997-06-25
status:
citation:	146 N.J. 564
Document Size:	28353

19 S.M v. J.O -- rank: 671

... Sarah alleged that Jerome engaged in harassment, as defined in N.J.S.A. 2C:33-4. That statute defines harassment, in relevant part, as follows: [A ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4.] 3 Harassment is one of the predicate offenses listed in ... of an act prohibited by subsection (a) or (c) of N.J.S.A. 2C:33-4. Cannel, N.J. Criminal Code Annotated , comment 3 on N.J.S.A. 2C:33-4 (2010). Jerome maintains the trial judge erred in finding that ... 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 ... was sufficient proof that Jerome engaged in conduct encompassed by N.J.S.A. 2C:33-4(a) or (c). There were no allegations of direct ...

docket:	a1691-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-07
status:	unpublished
citation:
Document Size:	36223

20 STATE OF NEW JERSEY v. QUIASIA N. CARROLL -- rank: 668

... order detaining her on charges of fourth-degree cyber-harassment, N.J.S.A. 2C:33- 4.1(a)(2), and second-degree retaliation against a witness ... A-0152-18T6 11 charged defendant with cyber-harassment under N.J.S.A. 2C:33-4.1(a)(2). The offense includes, as an essential element ... constitute 'lewd, indecent, or obscene material.' Notably, the complaint cited N.J.S.A. 2C:33-4.1(a)(2), but omits any reference to the 'lewd ... a well-grounded suspicion that defendant committed cyber-harassment under N.J.S.A. 2C:33- 4.1(a)(2).6 Therefore, the trial court erred in ... commit some other crime against a person or property. See N.J.S.A. 2C:33- 4.1(a)(1) (including, as an element of cyber-harassment ... harm to any person or the property of any person'); N.J.S.A. 2C:33-4.1(a)(3) (including, as an element of cyber- ...

docket:	a0152-18
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Published
citation:	456 N.J.Super. 520 196 A.3d 106
Document Size:	55192

21 K.E.M v. S.R.A -- rank: 664

... we find plaintiff established the predicate act of cyber harassment, N.J.S.A. 2C:33-4.1, as well as the need for protection from defendant ... findings to exclude a violation of the cyber harassment statute, N.J.S.A. 2C:33-4.1, as a predicate offense.' On December 14, 2022, the ... person or the person's property. A-3563-21 26 [N.J.S.A. 2C:33-4.1(a).] 'The cyber harassment statute limits the [regulation] of ... the credible evidence cyber harassment as the predicate act under N.J.S.A. 2C:33-4.1(a)(1). Once the court finds defendant committed a ...

docket:	a3563-21
court:	NJ Superior Court Appellate Division
decided:	2024-03-01
status:	Unpublished
citation:
Document Size:	58618

22 H.L.W v. BRUCE D. DAWSON -- rank: 664

... s Finding that Mr. Dawson Committed An "Action" Prohibited by N.J.S.A. 2C:33-4 was contrary to controlling Legal Principles and was not Supported ... Evidence. 1. Mr. Dawson Did Not Violate Subsection (a) of N.J.S.A. 2C:33-4. a) Mr. Dawson Did Not Make a Communication. b) Mr ... a). 2. Mr. Dawson Did Not Violate Subsection (c) of N.J.S.A. 2C:33-4. a) Mr. Dawson Did Not Engage In a Course of ... 25-19(a)(1) to (14). Harassment, as defined by N.J.S.A. 2C:33-4, is included as a predicate offense under the Act. N ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4]. A plaintiff must demonstrate (1) that defendant's purpose was ... of an action under subsection (a), (b), or (c) of N.J.S.A. 2C:33-4. Cannel, New Jersey Criminal Code Annotated , comment 3 on ...

docket:	a4533-09
court:	superior court trial
decided:	2011-03-03
status:	Published
citation:
Document Size:	40432

23 STATE OF NEW JERSEY v. PETER TRIESTMAN -- rank: 662

... be construed to harmonize with the statutes governing har­assment, N.J.S.A. 2C:33-4, and simple assault, N.J.S.A. 2C:12-1 ...

docket:	a6408-08
court:	superior court appellate division
decided:	2010-01-27
status:	published
citation:	416 N.J. Super. 195 3 A.3d 634
Document Size:	81969

24 STATE OF NEW JERSEY v. KEVIN GRAHAM -- rank: 657

... had not established a prima facie case of harassment under N.J.S.A. 2C:33-4. Defendant contended that the State had not presented sufficient evidence ... a reasonable doubt, that defendant committed harassment in violation of N.J.S.A. 2C:33-4(c) because he engaged in a 'course of alarming conduct ... to alarm or seriously annoy' M.P., in violation of N.J.S.A. 2C:33-4(c). The judge noted that the incidents that M.P ... a reasonable doubt that defendant was guilty of harassment under N.J.S.A. 2C:33-4(c). This appeal followed. On appeal defendant argues: A-4920 ... Midler v. Heinowitz, 10 N.J. 123, 128-29 (1952)). N.J.S.A. 2C:33-4 provides in pertinent part: Except as provided in subsection e ... alarming conduct or a course of repeatedly committed acts under N.J.S.A. 2C:33-4(c). He also argues that the evidence does not ...

docket:	a4920-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-18
status:	Unpublished
citation:
Document Size:	33404

25 A.W v. M.W -- rank: 657

... domestic violence complaint alleging defendant committed acts of harassment, see N.J.S.A. 2C:33-4, and on this date the court granted her a temporary ... or seriously annoy such other person . . . under . . . subdivision A [of N.J.S.A. 2C:33-4]. On appeal, defendant argues that none of the evidence supported a finding of harassment under N.J.S.A. 2C:33-4. II Our review of a trial court's fact-finding ... N.J.S.A. 2C:25-19(a). Harassment under N.J.S.A. 2C:33-4 is among the fourteen predicate offenses that, if proven, may ... trial court found defendant committed an act of harassment under N.J.S.A. 2C:33-4(a). To establish harassment under N.J.S.A. 2C:33-4(a), a plaintiff must prove that a defendant Makes, ...

docket:	a0759-14
court:	NJ Superior Court Appellate Division
decided:	2015-11-09
status:	unpublished
citation:
Document Size:	33019

26 A.M.O. v. J.W.O., JR -- rank: 655

... 17 to -35, based on the predicate act of harassment, N.J.S.A. 2C:33-4(a) and (b). The Family Part judge determined an FRO ... Thus, the judge concluded that defendant harassed plaintiff, pursuant to N.J.S.A. 2C:33-4(a) and (b), considering 'the history of domestic violence, the ... 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 ... defendant offensively touched plaintiff or threatened to do so, under N.J.S.A. 2C:33-4(b). And, the record does not support such a determination ... at plaintiff and is relevant to claims that he violated N.J.S.A. 2C:33- 4(a) (communications) and (c) (other alarming conduct), but not 4 ... 1994) A-0250-21 19 (considering whether defendant violated only N.J.S.A. 2C:33-4(a) and (c) where he told plaintiff, the mother ...

docket:	a0250-21
court:	NJ Superior Court Appellate Division
decided:	2022-09-22
status:	Unpublished
citation:
Document Size:	46445

27 J.D. v. M.D.F. -- rank: 648

... pp. 14-17) 2. Under the criminal statute addressing harassment, N.J.S.A. 2C:33-4, subsection a. requires proof of a single communication that was ... 25-19, one of the most frequently reported is harassment, N.J.S.A. 2C:33-4; see Domestic Violence in New Jersey , supra , at 3. In ... it originated or at the place where it was received. [ N.J.S.A. 2C:33-4 (omitting deleted and grading subsections).] We have considered harassment in ...

docket:	a-115-09
court:	superior court trial
decided:	2011-07-28
status:
citation:
Document Size:	96681

28 J.H.L v. F.S.Y -- rank: 644

... J.S.A. 2C:25-19(a), such as harassment, N.J.S.A. 2C:33-4, as conduct constituting domestic violence. Silver, 387 N.J. Super ... judge determined defendant committed the predicate act of harassment. Under N.J.S.A. 2C:33-4: a person commits a petty disorderly persons offense if, with ... with purpose to alarm or seriously annoy such other person. [ N.J.S.A. 2C:33-4(a) to (c).] 'Each of [the] three subsections [of N.J.S.A. 2C:33-4] is 'free-standing, because each defines an offense in its ... 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 ... September 2, 2021, constituted a predicate act of harassment under N.J.S.A. 2C:33-4(c).4 4 Although Judge Janeczko relied on N. ...

docket:	a2335-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-26
status:	Unpublished
citation:
Document Size:	29271

29 STATE OF NEW JERSEY v. WILLIAM BURKERT -- rank: 641

... conviction on two counts of harassment, a petty disorderly offense, N.J.S.A. 2C:33-4(c). Defendant's conviction was based upon his creation of ... in harassing conduct directed to the Sergeant as required by N.J.S.A. 2C:33-4(c). Rather, the commentary defendant added to the Sergeant's ... the evidence sufficiently supported defendant's conviction of harassment under N.J.S.A. 2C:33-4(c). He imposed the same fines, costs, and assessments as ... whether the evidence supports conduct proscribed as criminal harassment under N.J.S.A. 2C:33-4(c). For the reasons set forth below, we conclude it ... not. Defendant was convicted on two counts of harassment under N.J.S.A. 2C:33-4(c), which reads: [A] person commits a petty disorderly persons ... 581 (1997). The Supreme Court has instructed "[a] violation of N.J.S.A. 2C:33-4(c) . . . requires proof of a course of conduct." J. ...

docket:	a5103-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-18
status:	published
citation:	444 N.J.Super. 591 135 A.3d 150
Document Size:	44163

30 UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, NICHOLAS ZAMPETTI, LAURA GIFFORD et al. v. BOROUGH OF BELMAR, KENNETH PRINGLE, Mayor of the Borough of Belmar, JACK MANUTTI, PATRICIA PROVENZANO, ANDREW GALLAGHER and DOUG McGILL, Council Members of the Borou -- rank: 639

... owner or tenant is a crime of the fourth degree); N.J.S.A. 2C:33-4 (harassment, which includes communicating "in offensively coarse language" and "striking ...

docket:	A0040-00
court:	NJ Superior Court Appellate Division
decided:	2001-07-16
status:	published
citation:	343 N.J. Super. 1
Document Size:	170565