On Jan. 17, 2014, the Senate and General Assembly of the State of New Jersey passed an act that created the crime of cyber-harassment. (See N.J.S.A. 2C:33-4.1.) This act covers crimes committed through communications in an online capacity or through a social networking site, irrespective of the type of electronic device used. In order for the online or social media communication to be considered cyber-harassment, a person must have:

  1. Threatened to inflict injury or physical harm to any person or the property of any person;
  2. Knowingly sent a lewd post, comment, request, suggestion, proposal, or any lewd, indecent or obscene material to or about a person with the intent to emotionally harm a reasonable person, or place a reasonable person in fear of physical or emotional harm; or
  3. Threatened to commit any crime against the person or the person’s property.

Cyber-harassment is a crime of the fourth degree. If the person who commits an act or acts of cyber-harassment is an adult (aged 21 years or older) at the time the offense is committed, and that person impersonates a minor for the purpose of cyber-harassing a minor, it becomes a crime of the third degree.