Bill > S3104

Introduced Session

This bill establishes the offense of harassing, intimidating, or bullying a minor and establishes a diversionary program for juveniles who are charged with this offense. The provisions of the bill provide that a person commits the offense of harassment, intimidation, or bullying a minor if the person, through any gesture, written, verbal, or physical act, or any electronic communication, whether it be a single incident or a series of incidents, communicates with a minor: · with the purpose to physically or emotionally harm the minor, damage the minor's property, or place a minor in fear of physical or emotional harm to the minor's person or damage to the minor's property because of the minor's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or · knowing that the communication would physically or emotionally harm the minor, damage the minor's property, or place the minor in fear of physical or emotional harm to the minor's person or damage to the minor's property because of the minor's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. Under the bill, harassing, intimidating, or bullying a minor is a disorderly persons offense, unless a minor is adjudicated for an act that, if committed by an adult would constitute the offense, in which case the minor is guilty of a petty disorderly offense. In addition, any adult or juvenile who commits an offense is subject to a fine of up to $100 for a first offense and a fine of up to $250 for each subsequent offense. The bill establishes a presumption that a complaint against a minor who commits an offense of harassing, intimidating, or bullying a minor is to be diverted. If the offense was committed in a jurisdiction in which there is an existing applicable restorative and transformative justice program, the matter is to be diverted to the restorative justice hub. The bill provides that where a complaint against a juvenile alleges that the juvenile has committed an offense that, if committed by an adult, constitutes an "eligible offense involving harassment, intimidation, or bullying" as defined in the bill and the court approves diversion of the complaint, the resolution of the complaint would include participation in a remedial education or counseling program if the juvenile is amenable to participation in such a program, and a program is available in the area where the juvenile resides. Also, if appropriate, the court may permit the juvenile to participate in a self-guided awareness program in lieu of a remedial education or counseling program provided that it satisfies the bill's requirements. A remedial education or counseling program satisfies the bill's requirements if the program is designed to increase the juvenile's awareness of: · the legal consequences and penalties for harassing, intimidating, or bullying a minor, including applicable federal and State statutes;· the non-legal consequences of harassing, intimidating, or bullying a minor including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities;· the potential of long-term and unforeseen consequences for harassing, intimidating, or bullying a minor; and· the possible connection between cyber-bullying and harassing, intimidating, or bullying a minor.

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Nilsa Cruz-Perez (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 04/15/2024)

Official Document