Technology. It’s become the basis for communication for people of all ages. For some, it’s using a smartphone to access social media. Others text or hop on their computers and tablets to exchange email. Although technology has certainly increased contacts for many – there is a bad side to it. In fact, cyber harassment is a very real thing. And, yes, it does result in arrests.
In case you didn’t know, the law on cyber harassment dates back to 2013. The language of the statute appears at NJSA 2C:33-4.1. You should also be aware that cyber harassment is considered a predicate act of domestic violence. The latter could result in the imposition of a restraining order against a loved one.
Meanwhile, you don’t have to be related to someone to be accused of cyber harassment. A New Jersey radio station highlights a recent case involving prospective claims of cyber harassment. Here, it’s the police threatening to bring charges.
It seems a gentleman decided to initiate a sting operation on his own. He intended to catch sexual predators who used the internet to lure young boys. To make a long story short, the man trying to do good – caught some flak from local law enforcement. He claims they didn’t like his efforts and threatened to charge him with cyber harassment. So, what does that mean exactly?
Cyber Harassment: Charges and Penalties
In order to charge someone with cyber harassment, the actions must involve online communications. Once again, it doesn’t matter if the contact is made via a cell phone or some other electronic device. In order for it to be considered cyber harassment, the accused must have:
- Threatened to inflict injury or physical harm to any person or the property of any person;
- Knowingly sent, posted, commented, requested, suggested, or proposed 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 to his person; or
- Threatened to commit any crime against the person or the person’s property.
In New Jersey, age matters when it comes to cyber harassment. For example, someone who is over the age of 21 and cyber harasses a minor is facing more significant charges than if he or she does the same to someone of age.
Meanwhile, the law places additional penalties on children under the age of 16 who use electronic communications for harassment purposes. They and their parents may be court ordered to attend training classes on the dangers associated with cyber harassment.
You should know that in some cases cyber harassment is an indictable crime. This could seriously impact your life, reputation and livelihood.
Contact Us
If you have been accused of cyber harassment, you should seek experienced legal advice. Contact the Law Offices of Beninato & Matrafaljo to schedule an appointment before your case goes to court.
