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 Results for ("N.J.S.A. 2c:33-4")   1 to 15 of 603 results. Run time: 0.708 seconds | Search time: 0.701 seconds    
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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 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
3 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status: unpublished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
4 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:
Document Size: 107198
5 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:
Document Size: 82004
6 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
7 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
8 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
9 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:
Document Size: 55023
10 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
11 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
12 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
13 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
14 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: 96658
15 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:
Document Size: 43994
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