Swish-e home page Search Rutgers Law Library N.J. Court Opinions


Limit search to:
Sort by:
Limit to:
    through    
 Results for ("N.J.S.A. 2c:33-4")   1 to 15 of 711 results. Run time: 0.654 seconds | Search time: 0.647 seconds    
 Page:1 2 3 4 5 6 7 8 9 10 48 Next 15
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:
citation:
Document Size: 93545
2 /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 ...
docket:
court:
decided:
status:
citation:
Document Size: 45803
3 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
4 /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 ...
docket:
court:
decided:
status:
citation:
Document Size: 41156
5 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
6 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
7 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
8 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
9 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
10 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
11 /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 ( ...
docket:
court:
decided:
status:
citation:
Document Size: 31216
12 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
13 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
14 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
15 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
 Page:1 2 3 4 5 6 7 8 9 10 48 Next 15
Powered by Swish-e swish-e.org

Valid HTML 4.01!