Bill > S909

Introduced Session

This bill increases penalties for a first offense of harassment and for second or subsequent stalking or harassment offenses. Under current law, a person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress. A crime of the fourth degree is generally punishable by a term of up to 18 months, a fine of up to $10,000, or both. Currently, a person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree. A crime of the third degree is generally punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. This bill amends the law to make it a crime of the third degree where an actor is convicted of a second or subsequent offense of stalking of any person and requires the court to impose a mandatory term of three years imprisonment without eligibility for parole on a defendant who is convicted of a second offense of stalking or harassment. Under current law, harassment is a petty disorderly persons offense. A petty disorderly persons offense is punishable by imprisonment for up to 30 days, a fine of up to $500, or both. This bill amends the law to make harassment a crime of the fourth degree and mandates that a person who commits a second or subsequent offense of harassment is guilty of a crime of the third degree. The actor is to serve a mandatory term of three years without eligibility for parole. Under current law, a person commits a crime of the third degree if, in committing an offense of harassment, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States or he knowingly directs such action to a current or former judge that relates to the performance of the judge's public duties. This bill amends the law to mirror the penalties for stalking where an actor is convicted of harassment while serving a term of imprisonment or who was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, and makes these actions a crime of the third degree. The sponsor's intent is to significantly increase the penalty for second or subsequent offenses of stalking or harassment in order to deter these types of criminal activity.

AI Summary

Committee Categories

Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

Official Document