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STALKING: THE LAW IN NEW JERSEY

A person may be charged with stalking if that person:
Purposely and repeatedly follows the victims or a member of the victim’s family and engages in conduct which alarms or annoys the victim or members of the victim’s family, such as:

sending anonymous letters or other mailings, including email;
making persistent phone calls with or without messages;
sending unwanted gifts;
threatening the safety of the victim or members of her/his family so as to annoy or place the victim (or members of her/his family) in reasonable fear of at least bodily injury.

The stalker may be someone you know (a friend, co-worker, acquaintance), someone you once had a relationship with or a complete stranger. Stalking does not have to be sexual in nature. Stalkers direct their attention to a specific person, or to that person’s family or friends.

New Jersey Statutes 2C:12-10: Stalking

to fear bodily injury to himself or a member of his immediate family; or
to fear the death of himself or a member of his immediate family.

Stalking is a crime of the fourth degree. A second or subsequent stalking offense against the same victim is a crime of the third degree.

Stalking is a crime of the third degree if committed:

in violation of an existing court order prohibiting stalking;
while serving a term of imprisonment; or
while on parole or probation as the result of a conviction for any indictable offense under any state or federal law.

The law refers to "course of conduct" as follows:
Course of conduct: repeatedly maintaining a visual or physical proximity to a person or repeatedly (two or more occasions) conveying verbal or written threats or threats implied by conduct or a combination thereof directed at or toward a person.

If found guilty of stalking:

A first-time offender can be sentenced to a term of up to 18 months in prison and/or a fine up to $7,500.
A person committing any violation of an existing court order prohibiting stalking can be sentenced to a term of between 3 and 5 years in prison and/or up to a $7,500 fine.
A second-time offender (or subsequent offender) can be sentenced to a term of between 3 and 5 years in prison and/or up to a $7,500 fine.

WHAT TO DO IF YOU BELIEVE YOU ARE BEING STALKED

If you believe that you are being stalked, get help immediately, even if only one incident has occurred.

Call the police department:
- where you live,
- where you work, or
- where the incident occurred.
File a police report. Get the officer's name and badge number, and contact the same officer or detective for any subsequent incidents so he/she is familiar with the case.
Keep a notation of filed criminal complaints, indicating the municipality, the investigating officer, the date and the incident report number.
In filing a police report, request information regarding a possible restraining order if you know the identity of the stalker. In certain cases, a victim of stalking may be able to obtain a court order prohibiting this criminal act.
Contact a counseling center for help and support.
Contact the Office of Victim-Witness Advocacy in your county, which will keep you informed of all ongoing procedures.
Keep a journal of everything that occurs, with dates, places and times of events. This will be useful in the prosecution of the stalker.
Use rubber gloves or plastic bags on your hands to collect evidence for the police department if they are unable to send an officer at that moment. This will prevent smudging the stalker’s fingerprints. Put the evidence in a plastic bag or a paper bag, whichever the police department prefers.
Record the license plate numbers of any suspicious vehicles, plus a description of the vehicles.
Record descriptions of suspicious people.
Tell your employer about your situation so he/she can tell security to be on the alert, and so your employer will be prepared in case you need to take time off from work to attend to legal matters after the stalker is apprehended.
Be persistent in following up on your case; ask questions. Work with the police and the Prosecutor's Office. Listen to the advice they offer. They are working to protect you and your family.

REMEMBER: YOU are the innocent party.

WHAT TO DO WHEN YOU ARE RECEIVING ANNOYING OR THREATENING PHONE CALLS

If you are receiving annoying or threatening phone calls:

Keep a record of the time and date you received the call, and what message you received.
Put a trace on the phone call as soon as the caller hangs up. From a touch-tone phone, dial *57; from a rotary or pulse-dialing phone, dial 1157. This will record the phone number of the last call originated. An operator will give you a recorded message of what to do after you hear a beep. The phone company will keep this record and release it only to the police or the prosecutor. Inform other members of the household to trace and record. Be aware that a $1.00 charge for each trace will appear on your phone bill.
Contact the police officer assigned to your case and tell him/her the date or time of the traced phone calls, plus what the caller said or did. File a police report the following day.

PRECAUTIONARY MEASURES AND SAFETY TIPS IF YOU ARE BEING STALKED

Stay alert and aware at all times.
Familiarize yourself with your surroundings so you will be aware of any changes or suspicious occurrences.
Always walk or travel with someone, especially at night.
Have your keys ready when approaching your car or home.
Lock your car as soon as you get in to it.
Know where the local police department is located.
Memorize the police department phone number.
Change your daily routine; take different routes.
Vary your time schedule.
Wear comfortable shoes when traveling.
Lock all doors and windows in residence, all of the time.
Use timers in your residence to turn lights on and off at varying times and locations.

For more information, please visit http://www.njleg.state.nj.us/.