An Overview of NJ Harassment Laws
The New Jersey legal system has a specific definition for harassment under NJ Statutes 2C: 33-4 and it should be noted that harassment may not occur in a single incident and a course of conduct may well be necessary to prove an offense. The other statutes of which harassment may form one part are NJ Statutes 53: 9-41 (terroristic threats) and NJ Statutes 12: 3-19 (stalking).
As defined in NJ Statute 2C: 33-4(A) Harassment is implicated when a person, with the purpose to harass another person:
(1) Makes, or causes to be made, a communication or communications in offensively coarse language or in the language specifically designed to annoy another person; or
(2) Subject another to striking, kicking, shoving, or other offensive touching with physical menace.
Incidentally if the harassment was the result of a domestic situation, the perpetrator could open him/herself up to issues of Domestic Violence.
In this Modern Age, harassment can come in many different forms some of which are not listed in the definitions above. It can take the form of "bullying," perhaps by the use of foul language, lewd gestures including obscene or sexual material, and the development and use of a website listing forms of nasty, hurtful, or mean-spirited information about a person, group of people, or a business . However, harassment is not limited to these examples or the examples provided in the statute. Harassment is not one dimensional; it is multi-dimensional and can take many forms and many of those forms might not be listed in the statute itself.
The statutes cited above along with other ALL other statutes are found in Chapters 33, 34, and 35 of Title 2C of the NJ Statutes.
All criminal laws in New Jersey are found in Title 2C of the New Jersey Statutes (NJS) as found here: http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=259544&advquery=&infobase=statutes&record={D4B45}&softpage=Advanced-Search
Title 53 of the NJ Statutes deals specifically with Civil Practice and Civil Actions.
Hence the referencing of the Terroristic Threats and Stalking laws. All of these laws must be taken together when determining whether or not there is a violation of any of them. And this is important because if harassment can be attributed to the actions of one person but that person is not named as a principal defendant, then as a matter of law, that person cannot be held civilly liable.
Types of Harassment
The primary types of harassment recognized under New Jersey law are sexual harassment, workplace harassment, and cyber harassment (also known as "electronic harassment").
Sexual harassment occurs when a person is subjected to unwanted, unwelcome sexual advances. For example, if your boss is constantly alluding to sexual acts, or making comments about how he or she wants to physically punish you, that may be considered sexual harassment. New Jersey Sexual Harassment laws are generally codified at New Jersey Statutes Annotated (NJSA) 10:5-12. This statute sets forth various forms of discrimination which include sexual harassment. The statute requires that an employee who believes they have been discriminated against, including because of sexual harassment, file a complaint within 180 days after the act of alleged discrimination. The burden of proof will be on the complainant to show the alleged discriminatory act or acts have occurred. Proof of the incident can come in the form of a document showing that the alleged incident occurred, or through witness testimony. The statute outlines the procedure to be followed by the New Jersey Division on Civil Rights once an employee files a complaint of sexual harassment in New Jersey. The New Jersey Division on Civil Rights has the authority to settle the claim on behalf of the claimant, issue a complaint, commence an administrative hearing, and/or file a complaint in court.
Workplace harassment encompasses any kind of harassment that occurs in the workplace. This may be sex or gender-discrimination based, or it could be discrimination based on any number of factors, including race, religion, skin color, national origin, etc. Workplace harassment is often cited in sexual harassment cases since many types of sexual harassment take place in the workplace, however it can be an even more general term. On the other hand, discrimination based on sex, race, religion, disability, or any other protected class of persons that occurs outside the workplace is typically termed "discrimination" rather than "workplace harassment." This is because workplace harassment denotes that the harassment occurred in the workplace, whereas discrimination may take place in other environments.
Cyber harassment of a child is a third form of harassment defined by New Jersey law as discriminatory. This type of cyber harassment of a child is defined at NJSA 2C:33-4. This statute defines cyber harassment as "making, or causing to be made, a communication or graphic image, including an electronically transmitted communication, that is sent with the purpose to harass another…" Whereas other forms of harassment are intended and designed to cause a person physical harm, cyber harassment of a child refers only to child endangerment that occurs using electronic means. While situations involving cyber harassment of a child may also fit into another category of harassment, the cyber harassment of a child is unique in the sense that it only applies to children.
Penalties for NJ harassment
If someone is convicted of harassment by communications, it is considered a petty disorderly person’s offense. Under the law, this means the person may face up to 6 months in county jail and a fine of up to $500. In cases of following or cyber-harassment, the alleged violator may be charged with a fourth-degree indictable offense, which is punishable by 0.5 to 12 months in county jail and a fine of up to $10,000. In terms of sentencing, the judge may consider previous convictions, how extreme the harassment was, whether other charges have been filed for the same incident, and what the alleged victim wants.
How to report NJ harassment
The reporting process in New Jersey varies depending on the type of harassment in question. If a clerk, patient, client, customer or member of the public is subjected to any of the harassing conduct or communication described above by an employee of the business or organization which employs the individual, the victim must report the harassment through the entity’s complaint policy.
If the employer possesses 50 or more employees and the victim is a pregnant woman subjected to hostile action or communication on account of her pregnancy, she must first file a complaint with the New Jersey Division on Civil Rights. The Division must first do a preliminary investigation of the complaint to determine if there is probable cause that the pregnant woman has been the victim of pregnancy-based discrimination. If the Division determines that there is probable cause that the pregnant woman has been subjected to pregnancy-based discrimination, the Division will then investigate the claim further and obtain and analyze evidence regarding the allegation. The Division will then attempt to resolve the matter through conciliation. If the matter does not resolve through conciliation, the Division will then commence a lawsuit, as a plaintiff, against the alleged violator in superior court. If the allegation concerns race, creed, color, national origin, ancestry, marital status, sex, disability or age discrimination, the victim can go directly to court to file the lawsuit in the appropriate county without first having to go through the Division.
If the conduct at issue does not fit into one of the categories described above, the victim can report the harassment to either the police or the New Jersey Department of Law and Public Safety, Division of Criminal Justice – Office of the Insurance Fraud Prosecutor. If it is a simple case of someone using bullying or threatening language, it may work best to report this matter to the police. To make a criminal complaint, the harassed person must appear at the police station, or the police station closest to where the incident occurred, and give a verbal, and thereafter in writing, a statement about the incident. This does not require an attorney to be hired. The police will investigate the matter and determine whether charges should be filed. However, doing this may imperil employment or necessitate an involuntary leave of absence, so the matter can also be addressed through a civil lawsuit in superior court.
Involving the police will likely draw the attention of the employer or business. The NJ Division of Criminal Justice, on the other hand, accepts only written complaints and does not involve the police. The Division of Criminal Justice’s Office of Insuarnce Fraud Prosecutor (OIFP) investigates, prosecutes and penalizes insurance crimes in New Jersey. It defends clients accused of insurance crimes as well. Individuals filing complaints with the OIFP should be aware that the OIFP may be acting in concert with the employer in prosecuting the case provided the OIFP has jurisdiction over the matter.
Legal safeguards against harassment
Victims of harassment in New Jersey have a range of legal rights and protections under several state and federal laws. For instance, harassment victims are protected by various employment discrimination laws, including the federal Fair Labor Standards Act (FLSA). The FLSA prohibits harassment based on sex, race, religion, ethnicity, disability, or age. Meanwhile, other related laws (e.g. the Equal Pay Act, Title VII of the Civil Rights Act, the American with Disabilities Act, and the Age Discrimination in Employment Act) include various government agencies that enforce those laws, such as the EEOC Office of Federal Contract Compliance Programs.
Related organizations and agencies also provide legal protections that are in addition to traditional criminal harassment laws and employment discrimination laws. For example , sexual harassment victims may seek police protection, civil protection orders, and other legal avenues for redress. In cases involving unlawful discrimination, an aggrieved employee may file a complaint with the United States Equal Employment Opportunity Commission (EEOC), the New Jersey Division of Civil Rights (NJDCR), or a local New Jersey agency tasked with mitigating unlawful discrimination in the workplace.
Notably, rape and sexual assault are also forms of unlawful harassment. Hence, if the victim of such harassment believes that he or she is in physical danger, it may be advisable to contact local law enforcement or a nonprofit organization dedicated to assisting rape victims.
Hiring an attorney for harassment
Harassment cases in New Jersey can be confusing because they are filed under Criminal Cases. Yes, harassment is a disorderly persons offense in NJ, meaning that harassment allegations can be handled with a special court day called the Violations (or Violation) (or Quasi-Criminal) Part. These special court days, where disorderly persons offenses and municipal ordinance offenses are handled, are much more informal than a criminal court trial.
When you are faced with a harassment charge, you should hire a NJ lawyer experienced in harassment cases. He or she will know the court, the prosecutor, and their approach on harassment offenses. They will also know when to make legal arguments in your favor, as well as when to negotiate a plea agreement to a lesser charge like Disturbing the Peace.
You should look for more than an experienced criminal defense lawyer. You want someone who has experience defending harassment cases. That, unlike other disorderly persons offenses, is where you will find differences in lawyers.
Hiring a harassment lawyer in New Jersey is one thing. But you should also ensure that he or she has had experience on the other side of a criminal case. This means an attorney who has actual courtroom experience in trying a stalking case is the type of lawyer you are looking for. That way, the lawyer you hire can make arguments based on experience, not merely what he or she has read about a NJ municipal violation.
Recent changes to NJ harassment laws
Recent case law also sheds light on the breadth of what constitutes "harassment" under New Jersey law. For example, in State v. C.C., the Appellate Division affirmed an individual’s conviction for harassment, finding that sending of "ten or more letters and seven other documents" to a woman — including a letter she did not receive at her home, but at work, but which the defendant purportedly knew would be opened by a man in the woman’s absence and even knew the home phone number — constituted harassment. The Court also held that any error by the trial court in denying defendant’s request to represent himself as the trial court did not affect defendant’s right to a fair trial.
Another interesting read is State v. Kargbo, a case from the Superior Court of New Jersey , Appellate Division District VI. In Kargbo, the Court affirmed the defendant’s conviction for disorderly conduct and harassment. Defendant, while working as a bus driver for Hatch Lines (Hatch), developed an interest in one of his coworkers, a woman named Betty. Defendant persistently asked Betty irregular questions about her work. At first, Betty did not respond to Defendant’s inquiries on the advice of her supervisor. Betty eventually left her job to work for another agency, however Defendant continued to call her at her home when she was off duty, seeking to inquire about a coworker named Tish, who was dating Betty. Eventually, Betty engaged the help of the police, who arrested Defendant for harassment, and he was found guilty of such.