• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Connecticut and New Jersey's harassment laws not vague?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

redban

Junior Member
I've been doing research on harassment laws. Two states that have perplexed me are Connecticut and New Jersey.

In CT, Harassment is:

(a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person ... in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.


In New Jersey, Harassment is:

with purpose to harass another, he:

a. Makes, or causes to be made, a communication or
communications anonymously or at extremely inconvenient
hours, or in offensively coarse language, or any other manner
likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other
offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of
repeatedly committed acts with purpose to alarm or seriously
annoy such other person


The statutes here criminalize, in broad strokes, any communication that is annoying. Several other states (New York, Oregon, Washington, Connecticut, Kansas City) have struck down identically worded statutes.

Why have New Jersey and Connecticut upheld their statutes?
 


quincy

Senior Member
I've been doing research on harassment laws. Two states that have perplexed me are Connecticut and New Jersey.

In CT, Harassment is:

(a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person ... in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.


In New Jersey, Harassment is:

with purpose to harass another, he:

a. Makes, or causes to be made, a communication or
communications anonymously or at extremely inconvenient
hours, or in offensively coarse language, or any other manner
likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other
offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of
repeatedly committed acts with purpose to alarm or seriously
annoy such other person


The statutes here criminalize, in broad strokes, any communication that is annoying. Several other states (New York, Oregon, Washington, Connecticut, Kansas City) have struck down identically worded statutes.

Why have New Jersey and Connecticut upheld their statutes?
The simple answer is that these states have left their statutes as they are because the unconstitutional portions have never been charged or the statutes as worded have never been challenged.

If all that is charged are the acts or actions (the striking, kicking, shoving, offensive touching), and not the words (other than obscene words), an harassment charge can be supported.
 

LdiJ

Senior Member
I've been doing research on harassment laws. Two states that have perplexed me are Connecticut and New Jersey.

In CT, Harassment is:

(a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person ... in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.


In New Jersey, Harassment is:

with purpose to harass another, he:

a. Makes, or causes to be made, a communication or
communications anonymously or at extremely inconvenient
hours, or in offensively coarse language, or any other manner
likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other
offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of
repeatedly committed acts with purpose to alarm or seriously
annoy such other person


The statutes here criminalize, in broad strokes, any communication that is annoying. Several other states (New York, Oregon, Washington, Connecticut, Kansas City) have struck down identically worded statutes.

Why have New Jersey and Connecticut upheld their statutes?
In order for a state supreme court to strike down a statute there has to be an appeal of a conviction under that statute that makes it's way all the way to that court. That means that there has to be a case, that is not pled out, where the person is convicted by a jury, and has the means and the time to appeal the case. Harassment is a somewhat small conviction and I suspect that most cases are pleaded out, and the odds of one being appeal that far are fairly slim.
 

quincy

Senior Member
State legislators can introduce a bill to amend or repeal an existing law (or create a new law). A change to an existing law can be recommended by the state's Supreme Court.
 

Just Blue

Senior Member
I've been doing research on harassment laws. Two states that have perplexed me are Connecticut and New Jersey.

In CT, Harassment is:

(a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person ... in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.


In New Jersey, Harassment is:

with purpose to harass another, he:

a. Makes, or causes to be made, a communication or
communications anonymously or at extremely inconvenient
hours, or in offensively coarse language, or any other manner
likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other
offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of
repeatedly committed acts with purpose to alarm or seriously
annoy such other person


The statutes here criminalize, in broad strokes, any communication that is annoying. Several other states (New York, Oregon, Washington, Connecticut, Kansas City) have struck down identically worded statutes.

Why have New Jersey and Connecticut upheld their statutes?
You should do your own homework. ;)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top