Cyber-Harassment Attorneys in Winslow NJ
People across the nation, young and old, use the internet to research, conduct personal and business transactions, and communicate with one another. The significant rise in internet use over the last decade has raised concerns. With that rise comes increasing cybercrime, such as cyber harassment and cyberstalking. No state, including New Jersey, is immune to the dangers of this type of cybercrime. Charges for cyber harassment are very serious in New Jersey and may lead to severe penalties for those convicted.
If you or a loved one has been charged with cyber harassment in Camden County towns such as Cherry Hill, Gloucester Township, Pennsauken, Berlin, Haddonfield, Camden City, Bellmawr, and other communities in the Southern New Jersey area, here’s what you need to know. We encourage you to reach out to our accomplished criminal defense lawyers to discuss your pending cyber-harassment charges, learn more about your rights, and let us explore your potential defense options. Our goal is always to keep you out of prison, reduce the penalties to which you are exposed, and help you avoid a criminal record if possible through a diversionary program or an outright dismissal of the charges in court. Contact our law firm anytime at 609-832-3202 for a free consultation with an experienced criminal defense lawyer.
Cyber Harassment under New Jersey Law
Since January 2014, cyber-harassment has been a separate and distinct crime from harassment under New Jersey law. It is codified in New Jersey Annotated Statute section 2C:33-4.1. It is usually a fourth degree indictable offense, comparable to a felony in other states, and carries with it the right of the accused to a grand jury indictment and a trial by jury. However, if certain aggravating factors exist, cyber harassment can be charged as a third degree crime.
A person is guilty of fourth degree cyber harassment if—with the intent to harass—they threaten another person physically or threaten another person’s property through online communication, including the use of social media. Cyber harassment also includes trying to cause another person emotional harm by sending them obscene materials online or using the internet or social media to threaten to commit a crime against another person.
If an individual commits the actions described above and they are 21 years of age or older and impersonate a minor while committing the cyber harassment, they can be charged with third degree cyber harassment.
In What Ways Does Cyber-Harassment Occur in NJ?
Keep in mind that cyber harassment does not only include direct messages to an alleged victim, but it can also take the form of social media posts or comments. Cyber harassment often occurs on social media, as well as through emails, texts, blog posts, fraudulent accounts, or other electronic communication. So, for example, a former dating partner who seeks revenge for being rejected may send text messages threatening to expose nude photos on social media or send them to the victim’s employer. Another example may be harassing comments threatening physical harm or blackmail on another’s Instagram post. Some social media apps, like Snapchat, are known for deleting content within a short time frame, but evidence of cyber harassment—even on these types of apps—can be preserved in many ways.
New Jersey Cyber Bullying and Cyber Stalking Offenses
The crime of cyber-harassment may take the form of cyber stalking and online bullying. The former typically affects victims of domestic violence, meaning a person currently or formerly intimately involved with the perpetrator. The latter is common among school-age youth or young adults. Tragic stories of middle school children suffering shame, ridicule, and fear from individuals posting mean and insulting comments on their social media posts, even pushing them to kill themselves publicly or in private direct messages.
Teen cyberbullying is a common practice that involves stalking or harassing someone in an electronic format. Plaguing a teen’s social media posts with threats or insults, spreading rumors about them online to other students, or doxing them (exposing private information to the public to hurt another) may constitute cyberbullying. This often leads to juvenile criminal charges for this serious offense.
What is Required to Prove a Cyber-Harassment Charge in NJ Court?
In order to obtain a conviction for cyber harassment, there are certain elements of the crime that the prosecutor must prove beyond a reasonable doubt. Cyber harassment requires the state to prove that the accused used social media, text messages, emails, or other electronic means to threaten a victim with bodily harm or property damage or to commit a crime against them or their property. Thus, messaging someone nude photos or altered photos depicting the victim bound and gagged or with a gun to their head qualifies as cyber harassment.
Cyberstalking is a form of repeated harassment, such as a “course of conduct” of threats. Two or more occasions of harassment constitute a “course of conduct” of harm or threats that causes another to reasonably fear they or someone else will be harmed, or such threats or harmful conduct causes emotional distress. So, the adult who sends direct messages containing lewd pictures to a minor’s social media account on two or more occasions, promising to find them at their school, is committing cyberstalking/cyber-harassment for purposes of N.J.S.A. 2C:33-4.1.
What are the Penalties for Cyber-Harassment & Cyber Stalking in New Jersey?
Fourth degree cyber harassment is punishable by a term of imprisonment of up to 18 months and a fine of up to $10,000. An individual charged with third degree cyber harassment—where certain aggravating factors exist—faces a term of imprisonment of 3 to 5 years and a fine of up to $15,000.
If the individual who committed the acts of cyber harassment is a minor under 16 years of age, then the court may order the adjudicated juvenile delinquent under the age of 16 and their parents or guardians to attend an educational program about cyber harassment dangers. Requiring them to complete a class to reduce their tendency to commit cyber harassment and increase their awareness of the harm caused by cyber harassment is designed to prevent further harassing behavior online. In addition, the court can sentence the juvenile to 2 years in a juvenile detention center for a third degree cyber-harassment offense. For a fourth degree cyber-harassment charge, the potential sentence is up to 1 year in juvenile detention. However, alternatives and rehabilitative measures exist for juveniles in Family Court in New Jersey, offering them possibilities such as community service, probation, a no contact order, or court-ordered restitution.
Pretrial Detention Process in Cyber Harassment Cases
When arrested for cyber harassment, the accused may spend a day or more in jail until they see a judge about pretrial release. New Jersey does not automatically require a defendant to be charged on a warrant-complaint, versus a summons-complaint, in these cases, unless the case involves domestic violence. Then, the defendant must be charged on a warrant and held pending a bail review to decide on pretrial release from jail. The prosecutor may file a motion to detain the defendant until trial. Then, a defendant appears in court at a pretrial detention hearing to obtain an unconditional or conditional release from jail pending the outcome of their case. In some cases, the defendant remains in jail until their trial date.
When arrested for cyber harassment, you are entitled to an attorney representing you at a detention hearing to advocate for your release. It is imperative that you have a talented criminal defense attorney to represent your best case for being released at your bail hearing.
I was Charged with Cyber Harassment in New Jersey. What Should I Do?
If you are charged with cyber harassment in New Jersey, you have the right to inform law enforcement that you do not wish to answer their questions without a lawyer present. Any statements that you make to law enforcement could be used by the prosecutor as evidence against you in court. A cyber harassment defense attorney at our Camden County defense firm can help throughout the process, from your initial appearance in court to sentencing, if applicable. You may not know that you have defenses to the charges against you.
For example, you have the right to express yourself, whether through electronic means or otherwise. You do not have the right to threaten harm or commit a crime with your words. The line between free speech and harassment may be thin in some instances, but the alleged victim’s perception of threat or harm must also be reasonable. Thin-skinned people with heightened sensibilities about their feelings may not be actual victims of online harassment or abuse.
Besides, the accused’s intent to inflict harm is another element the prosecution must prove, which may not be evident from the state’s evidence. Additionally, your arrest circumstances may prove fatal to a prosecutor’s case when the police disregard your constitutional rights in detaining and interrogating you. The state may have to dismiss your case when serious flaws damage its case against you.
Cyber Harassment Lawyers Committed to Your Defense in Camden County NJ
Whether you are an adult facing fourth or third degree charges for cyber harassment or a juvenile facing a delinquency adjudication and school administrative penalties, such as expulsion, you will need the help of an experienced cyber harassment defense attorney. For more information about cyber harassment charges in NJ, contact our firm today at 609-832-3202. One of our experienced criminal lawyers will review your case and determine what defenses you may have available to you. The consultation is always provided free.
Our attorneys frequently represent clients in cyber-harassment charge cases in the Superior Court, Criminal Division and the Superior Court, Family Division which handles juvenile cyber bullying cases. We can help you present your optimal defense approach when charged with cyber stalking and online abuse in Voorhees, Lindenwold, Gloucester City, Haddon Heights, Winslow, Mount Ephraim, and other Camden County areas.
