Legal Definition Of Harassment Nj
Continue reading new jersey harassment laws.
Legal definition of harassment nj. The court in burkert found that where the alleged harassment is based on purely expressive activity a liberal reading of subpart c may run afoul of the first amendment right to freedom of speech which guarantees protection of speech even if. Harassment happens when a person does something that may make another person feel uncomfortable threatened or unsafe for example if a person does the following without consent. Penalties for a new jersey harassment conviction. Predicate acts of domestic violence in nj.
The vast majority of times it isn t and is charged as a petty disorderly persons offense carrying no more than a 500 fine and up to 30 days in county jail. Either harris meant or huh rass meant n. In most cases nj law classifies harassment as a petty disorderly persons offense. The purposes may vary including racial prejudice personal malice an attempt to force someone to quit a job or grant sexual favors apply illegal pressure to.
The act of systematic and or continued unwanted and annoying actions of one party or a group including threats and demands. In cases where harassing behavior focuses on something that is not protected the individual being harassed would still have a claim in a civil court room. Harassment one of the most common alleged predicate acts of domestic violence in new jersey is harassment. First defendant acted with a purpose to intimidate an individual or group because of race color religion gender handicap sexual orientation or ethnicity.
Whatever your situation may be an nj harassment lawyer could help you defend yourself against these allegations. Order against harassment 2 if the complainant or a person referred to in subsection 3 is not represented by a legal representative the clerk of the court must inform the complainant or person. When charged in this fashion it is handled in municipal court. Under new jersey harassment law two enhancement provisions are added that may elevate the offense to a fourth degree crime.
First things first let s give you the legal definition of harassment. According to new jersey statute a person is guilty of harassing someone if he she has done one or all of the following. Harassment charged under 2c 33 4 is one of those charges in new jersey that doesn t sound particularly serious. Burkert the new jersey supreme court addressed subpart c of this definition of harassment.
Except as provided in subsection e a person commits a petty disorderly persons offense if with purpose to harass another he or she. Harassment requires under n j s a. Under nj statutes 2c 43 8 a person convicted of harassment could face up to 30 days in jail. The specific quality that makes harassment a state or federal legal matter is a question of whether or not the targeted quality such as omar s race and religion is a protected class.