During the Legislature’s lame-duck session, a bill that had been introduced a year earlier suddenly cleared committee, unanimously passed both houses, and received the governor’s approval in 10 days. The new law, L. 2013, c. 272, creates the crime of cyberharassment: fourth degree if committed by someone under 21 or third degree if committed by someone older. In addition to online threats of “injury or physical harm” or the commission of a crime, it criminalizes the knowing posting or sending of “any lewd, indecent or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person.”
While we understand the impulse behind the new law, we believe that it is both overbroad and excessively severe.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
