Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCContent date: . General information; laws and procedures can change. See the sources below.
Short answer
Under N.J.S.A. 2C:12-10, stalking is purposely or knowingly engaging in a course of conduct aimed at a specific person that would make a reasonable person fear for their safety, or someone else's, or suffer other emotional distress. "Repeatedly" means two or more occasions. Stalking is a fourth-degree crime. It becomes third degree if it violates an existing court order, is a second offense against the same person, or happens while on probation, parole or in custody for an indictable offense.
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What does "course of conduct" mean?
The statute defines a course of conduct broadly. It includes:
- Repeatedly staying in visual or physical proximity to a person
- Following, monitoring, observing, surveilling, threatening or communicating to or about a person, directly, indirectly or through third parties, by any action, method, device or means
- Interfering with a person's property
- Repeatedly committing harassment against a person
- Repeatedly conveying verbal, written or implied threats
"Repeatedly" means on two or more occasions. "Emotional distress" means significant mental suffering or distress. The fear is judged by what a reasonable victim in the same situation would feel.
What are the degrees of stalking?
| Situation | Grade | Ordinary prison range | Maximum fine |
|---|---|---|---|
| Stalking (subsection b.) | Fourth-degree crime | Up to 18 months | $10,000 |
| Stalking that violates an existing court order (c.) | Third-degree crime | 3 to 5 years | $15,000 |
| Second or later stalking offense against the same victim (d.) | Third-degree crime | 3 to 5 years | $15,000 |
| Stalking while serving a sentence, or on parole or probation, for an indictable offense (e.) | Third-degree crime | 3 to 5 years | $15,000 |
Prison ranges come from N.J.S.A. 2C:43-6 and fines from 2C:43-3. Stalking is an indictable crime, so it is handled by the county prosecutor in the Superior Court. The statute does not apply to conduct during organized group picketing.
What happens after a stalking conviction?
Under N.J.S.A. 2C:12-10.1, a conviction for stalking automatically operates as an application for a permanent restraining order limiting contact between the defendant and the victim. The hearing is held in the Superior Court at the time of the verdict or guilty plea unless the victim asks otherwise.
The order can bar the defendant from the victim's home, property, school and workplace and other named places, and from contacting the victim, including by phone or electronic device, or contacting the victim's employer, coworkers and others. It is enforced statewide, only the victim can ask the court to dissolve it, and violating it is contempt under N.J.S.A. 2C:29-9(a).
Is stalking domestic violence?
Stalking is one of the listed acts of domestic violence in N.J.S.A. 2C:25-19. When it is alleged against a spouse, former spouse, household member, dating partner or someone you share a child with, the same facts can support both a criminal charge and a restraining order case in the Family Part. Those are separate cases with separate hearings.
Common defense issues
- Whether there were really two or more occasions aimed at the same person
- Whether the conduct was purposeful or knowing, rather than coincidence, shared spaces or ordinary contact (for example, co-parenting messages)
- Whether a reasonable person in the same situation would have feared for safety or suffered significant distress
- For the third-degree charge, whether a court order actually prohibited the conduct and you knew about it
- Proof of who sent messages or posts from accounts and devices
- The effect of a plea on a later restraining order hearing, firearms and immigration
Related guides
- Simple vs. aggravated assault
How New Jersey grades assault in domestic violence cases: simple assault (disorderly persons), mutual fight (petty disorderly), and aggravated assault including strangulation under 2C:12-1(b)(13).
- After a domestic violence arrest
What happens after a domestic violence arrest in New Jersey: mandatory arrest rules, release decisions and no-contact conditions, detention hearings, weapons seizure, and the separate TRO.
- Harassment and terroristic threats
How New Jersey defines and grades harassment and terroristic threats, why they are the most common restraining order allegations, and how they are defended.
- Gun seizure after a DV call
When New Jersey police must seize weapons, firearm ID cards and purchase permits after a domestic violence incident under N.J.S.A. 2C:25-21(d), the prosecutor's 45-day deadline, and the return hearing.
- Contempt of a restraining order
Charged with violating a TRO or FRO in New Jersey? When contempt is a fourth-degree crime or a disorderly persons offense under N.J.S.A. 2C:29-9(b), and how these charges are defended.
- The FRO hearing
How a New Jersey final restraining order hearing works: the Silver two-step test, evidence and witnesses, testifying when there is a criminal case, decisions, and appeals.
Frequently asked questions
Is stalking a felony in New Jersey?
New Jersey uses degrees instead of the word felony. Stalking is a fourth-degree crime, and it is third degree if it violates a court order, is a repeat offense against the same victim, or happens while on probation or parole for an indictable offense.
How many times does it take to be stalking in New Jersey?
The statute defines "repeatedly" as two or more occasions. One incident alone is not a course of conduct, although it may be charged as something else, such as harassment.
Can texts and social media count as stalking?
Yes. The definition covers monitoring, surveilling or communicating with or about a person by any action, method, device or means, directly or through others.
Does a stalking conviction lead to a restraining order?
Yes. Under N.J.S.A. 2C:12-10.1, a stalking conviction operates as an application for a permanent restraining order. The hearing is usually held at the time of the verdict or plea, and only the victim can ask to dissolve the order.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
