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1 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 1000

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

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status:	Unpublished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

2 STATE OF NEW JERSEY v. B.A. -- rank: 634

... A. appeals his judgment of conviction for third-degree stalking, N.J.S.A. 2C:12-10(c). He argues the statute is unconstitutionally overbroad and vague ... not have been graded as a third-degree crime under N.J.S.A. 2C:12-10(c). We find the statute is constitutional, there were no ... defendant was indicted on one count of third-degree stalking, N.J.S.A. 2C:12-10(c), for conduct during the period from January 2, 2013 ... raised the stalking offense to a third-degree crime. See N.J.S.A. 2C:12-10(c). Defendant was sentenced to a four-year term A ... permanent restraining order for the stalking conviction was issued under N.J.S.A. 2C:12-10.1. On appeal, defendant contends the anti-stalking statute is unconstitutional because N.J.S.A. 2C:12-10(a)(1) imposes an improper restriction on the First ...

docket:	a4214-15
court:	NJ Superior Court Appellate Division
decided:	2019-03-22
status:	Published
citation:	458 N.J.Super. 391 205 A.3d 1130
Document Size:	50127

3 State v. Calvin Fair -- rank: 626

... the “cause a reasonable person to fear” element in N.J.S.A. 2C:12-10(b), which criminalizes domestic- violence stalking, requires consideration of � ... interpretation was in keeping with the Legislature’s instruction in N.J.S.A. 2C:12-10(a)(4) that, “[a]s used in this act ...

docket:	a-20-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:
citation:
Document Size:	72971

4 N.G v. J.P. -- rank: 623

... safety of a third person or suffer other emotional distress." N.J.S.A. 2C:12-10(b). The statute defines "[c]ourse of conduct" as: repeatedly ... or a combination thereof directed at or toward a person. [ N.J.S.A. 2C:12-10(a)(1).] "Repeatedly" is defined as "two or more occasions." N.J.S.A. 2C:12-10(a)(2). "Emotional distress" is defined as "significant mental suffering or distress." N.J.S.A. 2C:12-10(a)(3). The trial court correctly found that defendant committed ...

docket:	a3247-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-18
status:	published
citation:	426 N.J. Super. 398 45 A.3d 371
Document Size:	69957

5 T.S. v. R.H., JR -- rank: 621

... harassment, N.J.S.A. 2C:33-4; and stalking, N.J.S.A. 2C:12-10(a). The TRO was issued and, on August 26, 2010 ... harassment, N.J.S.A. 2C:33-4; and stalking, N.J.S.A. 2C:12-10(b). Pursuant to Silver , the trial judge was required: first ... based upon the predicate acts of criminal mischief and stalking. N.J.S.A. 2C:12-10(b) provides: A person is guilty of stalking, a crime ... safety of a third person or suffer other emotional distress. N.J.S.A. 2C:12-10(a)(1) provides in pertinent part that a person has ... to fear for his safety . . . or suffer other emotional distress." N.J.S.A. 2C:12-10(b). "Emotional distress" is defined as "significant mental suffering or distress." N.J.S.A. 2C:12-10(a)(3). The statute defines "[c]ause a reasonable ...

docket:	a4050-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-15
status:	unpublished
citation:
Document Size:	39845

6 STATE OF NEW JERSEY v. PAUL E. PRINCE -- rank: 617

... a jury found him guilty of stalking his ex-wife, N.J.S.A. 2C:12-10(b), and from the simultaneous entry of a permanent restraining order, pursuant to N.J.S.A. 2C:12-10.1. The evidence adduced at trial established defendant surreptitiously installed ... STATUTE, WHICH REQUIRES THAT THE FORBIDDEN PLACES BE SPECIFICALLY STATED. N.J.S.A. 2C:12-10.1(b)(1). We have reviewed the record and considered ... breadth of the restraining order entered against him pursuant to N.J.S.A. 2C:12-10.1(b). 5 Defendant argues the prohibition within the order ... contact [between] the defendant and the victim who was stalked." N.J.S.A. 2C:12-10.1(a). To effectuate this purpose, trial court may enter ... from entering . . . any specified place . . . frequented regularly by the victim." N.J.S.A. 2C:12-10.1(b) (emphasis added). Although the restraints in S. ...

docket:	a5877-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-05
status:	Published
citation:
Document Size:	36701

7 STATE OF NEW JERSEY v. JOSE L. ORTIZ -- rank: 617

... A. 2C:18-2(b)(1), and fourth-degree stalking, N.J.S.A. 2C:12-10(b), entered after a jury trial. We reverse and remand ... 2(b)(1) (count two) 1 ; and fourth-degree stalking, N.J.S.A. 2C:12-10(b). The matter was tried before a jury. The jury ... court issued a permanent restraining order against defendant pursuant to N.J.S.A. 2C:12-10.1, prohibiting defendant from maintaining any proximity to, and having ...

docket:	a1552-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-16
status:	unpublished
citation:
Document Size:	54570

8 STATE OF NEW JERSEY v. DAVID T. POMIANEK, JR -- rank: 612

... 2010), is misplaced. That case construed the anti-stalking statute, N.J.S.A. 2C:12-10, which has a vastly different legislative history from the bias ...

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

9 STATE OF NEW JERSEY v. ANGELO SCIFO -- rank: 608

... of an existing court order prohibiting the behavior, contrary to N.J.S.A. 2C:12-10(c) (count seven)4; and third-degree terroristic threats to ...

docket:	a4098-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-14
status:	Unpublished
citation:
Document Size:	85633

10 STATE OF NEW JERSEY v. MARTIN E. HRONCICH -- rank: 606

... 3(a)(1); and two counts of fourth-degree stalking, N.J.S.A. 2C:12-10(b). We affirm. An individual worked as a clerk (the ... another person's home would, alone, satisfy the statutory elements. N.J.S.A. 2C:12-10(b), setting out the elements of stalking, provides: A person ... safety of a third person or suffer other emotional distress. N.J.S.A. 2C:12-10(a) defines the terms: a. � �As used in this act ... 3(a)(1); and four counts of fourth-degree stalking, N.J.S.A. 2C:12 10(b). This archive is a service of Rutgers School of ...

docket:	a5464-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	89009

11 STATE OF NEW JERSEY v. WILLIAM HILL -- rank: 603

... a substantially similar 'reasonable person' feature in the stalking statute, N.J.S.A. 2C:12-10.6 The defendant argued the jury instruction on the stalking 6 N.J.S.A. 2C:12-10(b) provides: A person is guilty of stalking . . . if he ... 16-1(a)(3) [bias intimidation] to the stalking statute, N.J.S.A. 2C:12- 10, which we addressed in State v. Gandhi, 201 N.J ... safety of a third person or suffer other emotional distress.' N.J.S.A. 2C:12-10(b) (emphasis added). In Gandhi, we determined only that the ...

docket:	a4544-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-23
status:	Published
citation:
Document Size:	81283

12 State of New Jersey v. Mylee Cottle -- rank: 601

... a six-count indictment against him for third-degree stalking, N.J.S.A. 2C:12-10(c); fourth-degree stalking, N.J.S.A. 2C:12-10(b); and four counts of fourth-degree contempt for violating ...

docket:	a-111-06
court:
decided:	2008-05-06
status:
citation:	194 N.J. 449
Document Size:	111793

13 V. P. v. K.C.B -- rank: 599

... safety of a third person or suffer other emotional distress.' N.J.S.A. 2C:12- 10(b). For the purposes of stalking: (1) 'Course of conduct ... a reasonable victim, similarly situated, would have under the circumstances. [N.J.S.A. 2C:12-10(a).] The testimony revealed the parties were involved in a ... against defendant based upon the allegations of harassment and stalking, N.J.S.A. 2C:12-10(b). Plaintiff claimed that due to his history with defendant ... judge further determined that defendant's conduct constituted stalking under N.J.S.A. 2C:12-10(b) because she 'engag[ed] in a course of conduct ...

docket:	a2515-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-09
status:	Unpublished
citation:
Document Size:	24197

14 STATE OF NEW JERSEY v. B.A.W. -- rank: 599

... 2C:12-1(b)(4) (count four); fourth-degree stalking, N.J.S.A. 2C:12-10(b) (count five);2 second-degree unlawful possession of a ... degree stalking in violation of a temporary restraining order (TRO), N.J.S.A. 2C:12-10(c). Because the stalking count referenced the TRO, in the ...

docket:	a0486-20
court:	NJ Superior Court Appellate Division
decided:	2024-01-09
status:	Unpublished
citation:
Document Size:	73848

15 State v. Fareed M. Gandhi -- rank: 592

... Court. The Court interprets New Jersey's anti-stalking statute, N.J.S.A. 2C:12-10, to determine whether the jury charge in this matter was ... s and/or Judge DeStefano's orders, in violation of N.J.S.A. 2C:12-10, reaches and punishes one who purposefully or knowingly engages in ... 2003, in violation of a pre-existing court order. See N.J.S.A. 2C:12-10. For approximately six months beginning in January 2003, defendant refrained ... 11, 2004, in violation of an existing court order, see N.J.S.A. 2C:12-10, and twelve counts of contempt of court citing specific instances ... 2246 (Sponsor's Statement), 208th Leg. (N.J. 1998); see N.J.S.A. 2C:12-10.2. The history behind the 1999 modifications notes that under ... all references within this opinion to the anti-stalking statute, N.J.S.A. 2C:12-10, are to the version that was in effect at ...

docket:	a-101-08
court:	supreme
decided:	2010-02-24
status:
citation:
Document Size:	122711