An Act concerning threatening judicial officers, prosecutors, and other covered persons, amending various sections of statutory law, and supplementing Title 2C of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1996, c.39 (C.2C:12-10.1) is amended to read as follows:

3. a. A judgment of conviction for [stalking] the following crimes shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim [who was stalked]:

(1) stalking in violation of section 1 of P.L.1992, c.209 (C.2C:12-10); or

(2) threatening harm in violation of paragraph (2) of subsection b. of N.J.S.2C:27-3.

b. A hearing shall be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise. This hearing shall be in Superior Court. A permanent restraining order may grant the following specific relief:

(1) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim.

(2) An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact, or contact via electronic device, with the victim, the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim. As used in this paragraph, "communication" shall have the same meaning as defined in subsection q. of N.J.S.2C:1-14.

c. The permanent restraining order entered by the court subsequent to a conviction for [stalking as provided in this act] any crime enumerated in subsection a. of this section may be dissolved upon the application of the [stalking] victim to the court which granted the order.

d. Notice of permanent restraining orders issued pursuant to this act shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

e. Any permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

f. A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the [stalking] victim or by the court, on its own motion, pursuant to applicable court rules. Nothing in this act shall preclude the filing of a criminal complaint for [stalking based on] the same act which is the basis for the violation of the permanent restraining order.

(cf: P.L.2009, c.232, s.1)

2. Section 1 of P.L.2015, c.225 (C.2C:20-31.1) is amended to read as follows:

1. a. For the purposes of this section:

"Authorized person" means a covered person or any of the following persons hereby authorized to submit or revoke a request for the redaction or nondisclosure of a home address or unpublished telephone number on behalf of a covered person pursuant to subsection c. of this section:

(1) on behalf of any federal judge, a designee of the United States Marshals Service or of the clerk of any United States District Court;

(2) on behalf of any covered person who is deceased or medically or psychologically incapacitated, a person acting on behalf of the covered person as a designated trustee, as an estate executor, or pursuant to a written power of attorney or other legal instrument; and

(3) on behalf of any immediate family member who is a minor and who is otherwise entitled to address redaction or nondisclosure pursuant to this act, P.L.2021, c.371 (C.47:1B-1 et al.), the parent or legal guardian thereof.

"Covered person" means an active, formerly active, or retired judicial officer, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, as those terms are defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or prosecutor and any immediate family member residing in the same household as the judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency, or prosecutor.

"Home telephone number" means any telephone number used primarily for personal communications, including a landline or cellular telephone number.

"Immediate family member" means a spouse, child, or parent of, or any other family member related by blood or by law to, an active, formerly active, or retired judicial officer, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, as those terms are defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or prosecutor and who resides in the same household as the judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency, or prosecutor.

"News media" means newspapers, magazines, press associations, news agencies, wire services, or other similar printed means of disseminating news to the general public.

"Person" shall not be construed to include in any capacity the custodian of a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1).

b. (1) Upon notification pursuant to subsection c. of this section, and not later than 10 business days after receipt thereof, a person shall not knowingly, with purpose to expose another to harassment or risk of harm to life or property, or in reckless disregard of the probability of such exposure, post, repost, publish, or republish on the Internet, or otherwise make available, the home address or unpublished home telephone number of any covered person, except in compliance with any court order, law enforcement investigation, or request by a government agency or person duly acting on behalf of the agency.

(2) No person, upon obtaining the home address or unpublished home telephone number of any covered person in violation of paragraph (1) of this subsection, shall, with the intent to harass the covered person, knowingly:

(a) and repeatedly send, deliver, or cause to be delivered any items, substances, or written materials to the covered person or an immediate family member;

(b) initiate or cause repeated communications to be sent to a covered person's or immediately family member's home address or unpublished telephone number; or

(c) engage in a pattern of conduct directed at the covered person or an immediate family member of the covered person that uses or exploits such personal identifying information to invade the covered persons or immediate family members personal privacy.

c. An authorized person, as defined in subsection a. of this section, seeking to prohibit the disclosure of the home address or unpublished home telephone number of any covered person consistent with subsection b. of this section shall provide written notice to the person from whom the authorized person is seeking nondisclosure that the authorized person is an authorized person and requesting that such person cease the disclosure of such information and remove the protected information from the Internet or where otherwise made available.

d. A reckless violation of paragraph (1) of subsection b. of this section is a crime of the fourth degree. A purposeful violation of paragraphs (1) or (2) subsection b. of this section is a crime of the third degree.

e. This section shall not be construed to prohibit a person, business, or association that has received information as unredacted pursuant to the provisions of sections 1 through 3 of P.L.2021, c.371 (C.47:1B-1 through C.47:1B-3) from making the information available consistent with the purposes for which the person, business, or association received the information. A person, business, or association that uses or makes available the information in a way that is inconsistent with the purposes for which the person, business, or association received the information shall be liable as provided pursuant to subsection d. of this section.

f. Nothing herein shall be construed to impose liability on the news media for failure to remove information from previously printed newspapers, and nothing herein shall be construed to impose liability relating to telephone directories or directory assistance unless the covered person has requested to be unpublished in the directory and directory assistance by the applicable publication deadline.

(cf: P.L.2023, c.113, s.5)

3. N.J.S.2C:27-3 is amended to read as follows:

a. Offenses defined. A person commits an offense if he directly or indirectly:

(1) Threatens unlawful harm to any person with purpose to influence a decision, opinion, recommendation, vote or exercise of discretion of a public servant, party official or voter on any public issue or in any public election; or

(2) Threatens harm to any public servant with purpose to influence a decision, opinion, recommendation, vote or exercise of discretion in a judicial or administrative proceeding; or

(3) Threatens harm to any public servant or party official with purpose to influence him to violate his official duty.

It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office or lacked jurisdiction, or for any other reason.

b. Grading. [An] (1) Except as provided in paragraph (2) of this subsection, an offense under this section is a crime of the third degree.

(2) An offense under this section is a crime of the second degree if committed against a judicial officer, prosecutor, or an immediate family member of the judicial officer or prosecutor; except that an offense under this section is a crime of the first degree if the offense occurs at or within 500 feet of the home address of the judicial officer, prosecutor, or an immediate family member of the judicial officer or prosecutor. A conviction under this paragraph shall be subject to the presumption of imprisonment pursuant to subsection d. of N.J.S.2C:44-1.

c. (1) Upon a violation of this section, a law enforcement officer shall have the authority to seize any weapon and ammunition that is present on the premises of the person and shall also seize any firearm purchaser identification card or permit to purchase a handgun issued to the person and provide such seized weapons, firearms purchaser identification cards and permits to purchase handguns to the county prosecutor.

(2) The prosecutor in possession of the weapons and ammunition seized in accordance with this section may, upon notice to the owner, petition the court to obtain title to the seized weapons, or to revoke any and all permits, licenses and other authorizations for the use, possession, or ownership of such weapons, or may object to the return of the weapons on such grounds as are provided for the initial rejection or later revocation of the authorizations, or on the grounds that the owner is unfit or that the owner poses a threat to the public in general or a person or persons in particular.

(3) If, after a hearing, the court determines that the weapons are not to be returned the owner, the court may:

(a) With respect to weapons other than firearms, order the prosecutor to dispose of the weapons if the owner does not arrange for the transfer or sale of the weapons to an appropriate person within 60 days; or

(b) Order the revocation of the owner's firearms purchaser identification card or any permit, license or authorization, in which case the court shall order the owner to surrender any firearm seized and all other firearms possessed to the prosecutor and shall order the prosecutor to dispose of the firearms if the owner does not arrange for the sale of the firearms to a registered dealer of the firearms within 60 days; or

(c) Order such other relief as it may deem appropriate. When the court orders the weapons forfeited to the State or the prosecutor is required to dispose of the weapons, the prosecutor shall dispose of the property as provided in N.J.S.2C:64-6.

d. For purposes of this section:

"Immediate family member" means a spouse, child, or parent of, or any other family member related by blood or by law to, a judicial officer or prosecutor and who resides in the same household as the judicial officer or prosecutor.

"Judicial officer" means any active, formerly active, or retired federal, State, county, or municipal judge, including a judge of the Tax Court and any other court of limited jurisdiction established, altered, or abolished by law, a judge of the Office of Administrative Law, a judge of the Division of Workers' Compensation, and any other judge established by law who serves in the executive branch.

"Public servant" shall have the same meaning as provided in N.J.S.2C:27-1.

"Party official" shall have the same meaning as provided in N.J.S.2C:27-1.

(cf: P.L.1979, c.178, s.49)

4. Section 6 of P.L.1979, c.179 (C.2C:39-7) is amended to read as follows:

6. Certain Persons Not to Have Weapons or Ammunition.

a. Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime, or an attempt or conspiracy to commit the crime, of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, carjacking in violation of section 1 of P.L.1993, c.221 (C.2C:15-2), gang criminality in violation of section 1 of P.L.2007, c.341 (C.2C:33-29), racketeering in violation of N.J.S.2C:41-2, terroristic threats in violation of N.J.S.2C:12-3, unlawful possession of a machine gun in violation of subsection a. of N.J.S.2C:39-5, unlawful possession of a handgun in violation of paragraph (1) of subsection b. of N.J.S.2C:39-5, unlawful possession of an assault firearm in violation of subsection f. of N.J.S.2C:39-5, leader of firearms trafficking network in violation of section 1 of P.L.1995, c.405 (C.2C:39-16),or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in the person's possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or any person convicted of a crime, or an attempt or conspiracy to commit a crime, pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless the person possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that the person is no longer suffering from a mental disorder which interferes with or handicaps the person in the handling of a firearm, or any person who has been convicted of an offense, or an attempt or conspiracy to commit an offense, for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2, other than a disorderly persons or petty disorderly persons offense, who purchases, owns, possesses or controls any of the specified weapons or any ammunition as defined in section 2 of P.L.2018, c.35 (C.2C:58-21) is guilty of a crime of the fourth degree.

b. (1) A person having been convicted in this State or elsewhere of the crime, or an attempt or conspiracy to commit the crime, of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, carjacking in violation of section 1 of P.L.1993, c.221 (C.2C:15-2), gang criminality in violation of section 1 of P.L.2007, c.341 (C.2C:33-29), racketeering in violation of N.J.S.2C:41-2, terroristic threats in violation of N.J.S.2C:12-3, unlawful possession of a machine gun in violation of subsection a. of N.J.S.2C:39-5, unlawful possession of a handgun in violation of paragraph (1) of subsection b. of N.J.S.2C:39-5, unlawful possession of an assault firearm in violation of subsection f. of N.J.S.2C:39-5, leader of firearms trafficking network in violation of section 1 of P.L.1995, c.405 (C.2C:39-16), endangering the welfare of a child pursuant to N.J.S.2C:24-4, stalking pursuant to P.L.1992, c.209 (C.2C:12-10) or a crime, or an attempt or conspiracy to commit a crime, involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or having in the person's possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, or threatens harm in violation of paragraph (2) of subsection b. of N.J.S.2C:27-3, or a person having been convicted of a crime, or an attempt or conspiracy to commit a crime, pursuant to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6, inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree and upon conviction thereof, the person shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term, which shall be fixed at five years, during which the defendant shall be ineligible for parole. If the defendant is sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7, the extended term of imprisonment shall include the imposition of a minimum term, which shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall be ineligible for parole.

(2) A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence, whether or not armed with or having in the person's possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm or ammunition is guilty of a crime of the third degree.

(3) A person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned, or who is subject to a court order prohibiting the possession of firearms issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls a firearm or ammunition is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.

(4) A person who is subject to a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the "Extreme Risk Protective Order Act of 2018," P.L.2018, c.35 (C.2C:58-20 et al.) who purchases, acquires, owns, possesses, or controls a firearm or ammunition is guilty of a crime of the third degree.

c. Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime, or an attempt or conspiracy to commit a crime, which in the other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section.

(cf: P.L.2019, c.165, s.1)

5. (New section) a. For purposes of this section:

"Close relation" means a spouse; domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3); partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29); former spouse, former domestic partner; former partner in a civil union; parent, stepparent, grandparent, sibling, stepsibling, child, stepchild, or grandchild, whether related by blood or by law; any person who is a present household member, or who was, within the prior six months, a household member; or any person with a significant personal or professional relationship.

"Mental anguish" means severe emotional distress or emotional suffering of a protracted rather than a trivial or transitory nature, as evidenced by anxiety, fear, torment or apprehension, which distress or suffering may not result in a physical manifestation or a diagnosis of mental illness.

"Personal identifying information" shall have the same meaning as provided in N.J.S.2C:20-1.

b. An actor commits the crime of doxxing if, with the purpose to subject another person, or close relation of that person, to unlawful force, violence, stalking, physical restraint, or mental anguish, or to cause a person to reasonably fear for their own safety or that of another person, the actor knowingly discloses personal identifying information of another person without that person's consent via any electronic device or through a social networking site, and the disclosure of personal identifying information:

(1) creates a substantial risk of serious bodily injury or physical harm to the person or a close relation of that person;

(2) creates a substantial risk that the person or a close relation of that person will be subjected to stalking in violation of section 1 of P.L.1992, c.209 (C.2C:12-10); or

(3) inflicts mental anguish upon the person or a close relation of that person and places the person or the close relation in reasonable fear of physical harm.

c. (1) It shall not be a violation of subsection b. of this section if the disclosure of the personal identifying information of another person was made:

(a) in good faith to inform any member of the public of conduct by the person that the actor reasonably believed to be unlawful;

(b) in good faith to inform law enforcement of conduct committed by the person that the actor reasonably believed to constitute a crime; or

(c) while cooperating in an official investigation or prosecution of a violation of subsection a. of section 1 of P.L.2013, c.272 (C.2C:33-4.1).

(2) There shall be a rebuttable presumption that the actor did not act with the purpose to subject another person to any unlawful force, violence, stalking, physical restraint or mental anguish or to cause another person to reasonably fear for their own safety or the safety of any other person if the personal identifying information of another person was disclosed for the primary purpose of:

(a) publishing, disseminating, or reporting in good faith conduct by an elected public official or law enforcement officer acting in their official capacity that the actors reasonably believe to be unlawful or an abuse of authority; or

(b) engaging in lawful and constitutionally protected activity as it pertains to speech, assembly, press, or petition.

d. Nothing in this section shall be deemed to authorize the disclosure of information in violation of P.L.2020, c.125.

e. (1) A violation of this section is a crime of the fourth degree.

(2) A violation of this section that results in any serious bodily injury, physical harm, or stalking of a person or a close relation to the person is a crime of the third degree.

6. This act shall take effect immediately.

STATEMENT

This bill enhances penalties related to threats and other improper influence on public officials.

Under current law, it is a third degree crime if a person, directly or indirectly, threatens unlawful harm to any person with the purpose to influence a decision, opinion, vote or exercise of discretion in a judicial or administrative proceeding or of a public servant, party official or voter, or with the purpose to influence the person to violate official duties.

Under the bill, it is a second degree crime if such acts are committed against a judicial officer, prosecutor, or the immediate family member of such. It is a first degree crime if such acts are committed against judicial officers, prosecutors, or immediate family members within 500 feet of the victim's residence.

Further, the bill provides that a judgment of conviction for such crime operates as an application for a permanent restraining order limiting the contact of the defendant and the victim.

The bill establishes that a person who commits the first or second degree crimes of threatening a judicial officer or prosecutor established under the bill, is barred from possessing or owning any weapons, and provides that law enforcement has the authority to seize any weapons and ammunition on the persons property and seize any firearm purchaser identification card. The seizure of such weapons and identification card are subject to judicial review.

Moreover, the bill establishes the crime of doxxing. Under the bill, doxxing occurs if a person, with the purpose to subject another person to violence, stalking, physical restraining, mental anguish, or to cause a person to fear for their own safety or that of another, knowingly discloses personal identifying information without the person's consent. A crime is committed under the bill when the disclosure:

(1) creates a substantial risk of serious bodily injury or physical harm to the person or a close relation of the person;

(2) creates a substantial risk that the person or a close relation of the person would, as a result of the disclosure, be subjected to stalking; or

(3) inflicts mental anguish upon the person or a close relation of the person and places the person or close relation in reasonable fear of physical harm.

Doxxing is a crime of the fourth degree unless the disclosure results in any serious bodily injury, physical harm, or stalking, at which time it becomes a crime of the third degree.

Finally, the bill expands N.J.S.A.2C:20-31.1, which establishes criminal penalties related to the disclosure of personal identifying information to include instances where a person takes such personal identifying information and with the purpose to harass a covered person or an immediate family member, the person knowingly (1) and repeatedly send, deliver, or cause to be delivered any items, substances, or written materials to the covered person or an immediate family member; (2) initiates or cause repeated communications to covered person's or immediately family member's home address or unpublished telephone number; or (3) engages in a pattern of conduct directed at the covered person or an immediate family member of the covered person that uses or exploits such personal identifying information to invade the covered persons or immediate family members personal privacy. A violation of this provision is a crime of the third degree.

A first degree crime is punishable by up to 10 to 20 years imprisonment, a fine of up to $200,000, or both. A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.