New Jersey Stalking
We represent clients charged with N.J.S.A. 2C:12-10; New Jersey stalking complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
To be guilty of this crime the defendant must purposely or knowingly engage in a course of conduct directed at a specific person.
This conduct must be such that a reasonable person would fear bodily injury or death to himself or a member of his or her immediate family.
Course of conduct means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats or threats implied by conduct or a combination directed at or toward a person.
Repeatedly means two or more occasions.
Immediate family means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.
The offense must cause the ordinary person to believe the immediacy of the threat and the likelihood that it will be carried out.
Stalking is a crime of the fourth degree.
However, under three circumstances it may be elevated to a third degree crime.
First, if the offense is committed in violation of an existing court order prohibiting this conduct.
Second, if it is a second or subsequent offense by the defendant against the same victim.
Third, if the stalking was committed while the defendant was serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of New Jersey or any other state.
The state must prove four elements.
First, defendant maintained a visual or physical proximity to a specific person or conveyed verbal or written threats or threats implied by conduct or a combination directed at or toward this person.
Second, defendant did so repeatedly.
Third, this course of conduct was such as to cause a reasonable person to fear bodily injury to herself or a member of her immediate family.
Fourth, the defendant acted purposely or knowingly.
To elevate to third degree state must prove court order, second subsequent offense or commission while serving a term of imprisonment for a crime or while on parole.
If you have any questions for a NJ criminal defense attorney about a New Jersey stalking charge, please do not hesitate to contact us.