Cyber-Harassment Bill Clears NJ Senate Committee

It defines the crime of cyber-harassment as knowingly making online threats with the intent to injure or harm a person or damage that person's property; sending or posting any lewd, indecent or obscene material to or about a person; or threatening to commit a crime against a person or his or her property.

Violators would be guilty of a fourth-degree crime, which carries a prison sentence of up to 18 months and a fine of up to $10,000.

The crime would be elevated to third-degree ' carrying a 3- to 5-year prison sentence and a fine of up to $15,000 ' if the offender is 21 or older and impersonates a minor.

Minors under 16 adjudicated as delinquent for cyber-harassment could be ordered to complete a class or training program intended to reduce the tendency toward such behavior or a program designed to bring awareness to the dangers associated with cyber-harassment.

The juvenile's parent or guardian could be ordered to attend the class or program, and failure to do so would be a disorderly persons offense, carrying a fine of up to $25 for a first offense and up to $100 for each subsequent offense.

The impetus for the bill is the October 2006 suicide of Megan Meier, a 13-year-old Missouri girl who killed herself after she was the target of a Myspace harassment campaign conducted by the mother of one of her former friends.

New Jersey, like Missouri at the time, has no law against Internet harassment or bullying beyond the disorderly persons offense of harassment. There is a “gaping hole” in the criminal code, Russell DePersia, a Camden lawyer who is pushing for the bill, testified during the Senate Law and Public Safety Committee hearing in June.

The American Civil Liberties Union of New Jersey and the Foundation for Individual Rights in Education oppose the bill on First Amendment grounds. “[F]reedom of speech cannot be sacrificed by a state government in this manner,” says one FIRE commentator. Students 'and citizens ' do not have a right to never be uncomfortable, or to be shielded from ideas or statements that they find merely annoying or alarming.”

The bill had been referred to the budget committee because of the possible costs of incarcerating violators. The Office of Legislative Services says costs cannot be quantified because the number of offenders cannot be predicted.

Michael Booth is the Trenton Bureau Chief for the New Jersey Law Journal.

A New Jersey Senate committee has signed off on legislation that would strengthen criminal penalties for harassment or bullying over the Internet.

The Budget and Appropriations Committee passed the bill, S-2469, in a 10-0 vote on Dec. 5. The Law and Public Safety Committee had recommended passage in June.

The measure, sponsored by Sens. David Norcross (D-Camden) and Nicholas Sacco (D-Hudson), now goes to the full Senate for consideration.

It defines the crime of cyber-harassment as knowingly making online threats with the intent to injure or harm a person or damage that person's property; sending or posting any lewd, indecent or obscene material to or about a person; or threatening to commit a crime against a person or his or her property.

Violators would be guilty of a fourth-degree crime, which carries a prison sentence of up to 18 months and a fine of up to $10,000.

The crime would be elevated to third-degree ' carrying a 3- to 5-year prison sentence and a fine of up to $15,000 ' if the offender is 21 or older and impersonates a minor.

Minors under 16 adjudicated as delinquent for cyber-harassment could be ordered to complete a class or training program intended to reduce the tendency toward such behavior or a program designed to bring awareness to the dangers associated with cyber-harassment.

The juvenile's parent or guardian could be ordered to attend the class or program, and failure to do so would be a disorderly persons offense, carrying a fine of up to $25 for a first offense and up to $100 for each subsequent offense.

The impetus for the bill is the October 2006 suicide of Megan Meier, a 13-year-old Missouri girl who killed herself after she was the target of a Myspace harassment campaign conducted by the mother of one of her former friends.

New Jersey, like Missouri at the time, has no law against Internet harassment or bullying beyond the disorderly persons offense of harassment. There is a “gaping hole” in the criminal code, Russell DePersia, a Camden lawyer who is pushing for the bill, testified during the Senate Law and Public Safety Committee hearing in June.

The American Civil Liberties Union of New Jersey and the Foundation for Individual Rights in Education oppose the bill on First Amendment grounds. “[F]reedom of speech cannot be sacrificed by a state government in this manner,” says one FIRE commentator. Students 'and citizens ' do not have a right to never be uncomfortable, or to be shielded from ideas or statements that they find merely annoying or alarming.”

The bill had been referred to the budget committee because of the possible costs of incarcerating violators. The Office of Legislative Services says costs cannot be quantified because the number of offenders cannot be predicted.

Michael Booth is the Trenton Bureau Chief for the New Jersey Law Journal.