A person convicted of a cyberbullying-related criminal offense may face fines, imprisonment, or both; as described below.

Cyber Harassment

Cyber harassment is crime of the fourth degree. Penalties are at the discretion of the judge within a range of possible fines and prison terms; and this crime may include a fine of up to $10,000, up to 18 months in prison, or both.

The crime increases to a crime of the third degree if the cyberbully was 21 years old or older at the time of the offense and impersonated a minor for the purpose of the cyber harassment. Penalties may include a fine of up to $15,000, between three and five years in prison, or both.

Stalking

Stalking is a crime of the fourth degree; but increases to a crime of the third degree when the offense occurs in violation of a restraining or similar court order, when the defendant was in prison or on parole at the time of the offense, or when the crime is a second or subsequent stalking conviction.

To meet New Jersey’s definition of domestic violence, one of the above criminal offenses must be committed by an adult or emancipated minor against a person who is:

• a current or former spouse who is 18 or older or is an emancipated minor
• a current or former household member who is 18 or older or is an emancipated minor
• a person with whom the perpetrator has a child or is expecting a child, regardless of the victim’s age, or
• a person with whom the perpetrator has had a dating relationship.

(N.J. Rev. Stat. § 2C: 25-19)

In New Jersey, simple assault is considered a violent crime. These cases need to be handled carefully in order to secure the best possible outcome.

Simple assault typically refers to a fight or an attack in which one party sustains mild injuries and charges are pressed against the alleged attacker. While it’s on the lower end of violent crimes, if you are charged with simple assault, it can result in a punishment of six (6) months in jail, in addition to other penalties outlined below.

New Jersey law defines a number of scenarios (listed below) that constitute aggravated assault. Many of them center upon a defendant attempting to cause or actually causing some level of bodily injury. In addition, the injury must have been caused either purposely, knowingly, or recklessly. Also, some of the scenarios focus on an injury caused when a defendant acted under “circumstances manifesting extreme indifference to the value of human life.” Finally, many of them involve use of a deadly weapon. Because these factors underlie so many of the aggravated assault scenarios, the factors are explained below, before turning to the different scenarios.