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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
2C:12-10. Definitions; stalking designated a crime; degrees 1. a. As used
in this act:
(1)"Course of conduct" means repeatedly maintaining a visual
or physical proximity to a person or repeatedly conveying, or causing
to be conveyed, verbal or written threats or threats conveyed by any other
means of communication or threats implied by conduct or a combination
thereof directed at or toward a person.
(2)"Repeatedly" means on two or more occasions.
(3)"Immediate family" means a spouse, parent, child, sibling
or any other person who regularly resides in the household or who within
the prior six months regularly resided in the household.
b.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 bodily injury
to himself or a member of his immediate family or to fear the death of
himself or a member of his immediate family.
c.A person is guilty of a crime of the third degree if he commits the
crime of stalking in violation of an existing court order prohibiting
the behavior.
d.A person who commits a second or subsequent offense of stalking against
the same victim is guilty of a crime of the third degree.
e.A person is guilty of a crime of the third degree if he commits the
crime of stalking while serving a term of imprisonment or while on parole
or probation as the result of a conviction for any indictable offense
under the laws of this State, any other state or the United States.
f.This act shall not apply to conduct which occurs during organized group
picketing.
L.1992,c.209,s.1; amended 1996, c.39, s.1; 1998, c. 17, s.3; 1999, c.47,
s.1; 2001, c.220, s.2.
2C:12-10.1. Conviction for stalking, permanent restraining order
3. a. A judgment of conviction for stalking shall operate as an application
for a permanent restraining order limiting the contact of the defendant
and the victim who was stalked.
b. A hearing shall be held on the application for a permanent restraining
order at the time of the verdict or plea of guilty unless the victim requests
otherwise. This hearing shall be in Superior Court. A permanent restraining
order may grant the following specific relief:
(1) An order restraining the defendant from entering the residence, property,
school, or place of employment of the victim and requiring the defendant
to stay away from any specified place that is named in the order and is
frequented regularly by the victim.
(2) An order restraining the defendant from making contact with the victim,
including an order forbidding the defendant from personally or through
an agent initiating any communication likely to cause annoyance or alarm
including, but not limited to, personal, written, or telephone contact
with the victim, the victim's employers, employees, or fellow workers,
or others with whom communication would be likely to cause annoyance or
alarm to the victim.
c. The permanent restraining order entered by the court subsequent to
a conviction for stalking as provided in this act may be dissolved upon
the application of the stalking victim to the court which granted the
order.
d. Notice of permanent restraining orders issued pursuant to this act
shall be sent by the clerk of the court or other person designated by
the court to the appropriate chiefs of police, members of the State Police
and any other appropriate law enforcement agency or court.
e. Any permanent restraining order issued pursuant to this act shall
be in effect throughout the State, and shall be enforced by all law enforcement
officers.
f. A violation by the defendant of an order issued pursuant to this act
shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each
order shall so state. Violations of these orders may be enforced in a
civil or criminal action initiated by the stalking victim or by the court,
on its own motion, pursuant to applicable court rules. Nothing in this
act shall preclude the filing of a criminal complaint for stalking based
on the same act which is the basis for the violation of the permanent
restraining order.
L.1996,c.39,s.3.
At the end of the trial, the Judge will read the following Instructions
and Law to the Jury: STALKING1
(N.J.S.A. 2C:12-10)
Count of this indictment charges defendant with the crime of stalking.
(Read Indictment)
The applicable statute provides, in pertinent part, that:
A person is guilty of stalking....if he purposely or knowingly engages
in a course of conduct directed at a specific person that would cause
a reasonable person to fear bodily injury to himself or a member of his
immediate family or to fear the death of himself or a member of his immediate
family.
In order for you to find defendant guilty, the State must prove each
of the following elements beyond a reasonable doubt:
1. that defendant purposefully or knowingly engaged in a course of conduct
directed at a specific person; and 2. that defendant's conduct was such
that it would cause a reasonable person to fear bodily injury or death
to (himself/herself) or to a member of (his/her) immediate family. 3.
(Charge if applicable: that defendant's conduct did not occur during organized
group picketing).
The first element that the State must prove beyond a reasonable doubt
is that defendant purposefully or knowingly engaged in a course of conduct
directed at a specific person. A person acts purposefully with respect
to the nature of (his/her) conduct or a result thereof if it is (his/her)
conscious object to engage in conduct of that nature or to cause such
a result. Aperson acts purposefully with respect to attendant circumstances
if (he/she) believes or hopes that they exist. A person acts purposefully
if (he/she) acts with design, with a specific intent, with a particular
object or purpose, or if (he/she) means to do what (he/she) does. Purpose
is a condition of the mind that cannot be seen and that can be determined
only by inferences from conduct, words or acts. A state of mind is rarely
susceptible of direct proof but must ordinarily be inferred from the facts.
Therefore, it is not necessary that the State produce witnesses to testify
that an accused said that (he/she) had a certain state of mind when (he/she)
engaged in a particular act. It is within your power to find that such
proof has been furnished beyond a reasonable doubt by inference, which
may arise from the nature of defendant's acts and conduct, from all that
(he/she) said and did at the particular time and place, and from all surrounding
circumstances. A person acts knowingly with respect to the nature of (his/her)
conduct or the attendant circumstances if (he/she) is aware that (his/her)
conduct is of that nature, or that such circumstances exist or if (he/she)
is aware of a high probability of their existence. A person acts knowingly
with respect to a result of (his/her) conduct if (he/she) is aware that
it is practically certain that (his/her) conduct will cause such a result.
As with purpose, knowledge is a condition of the mind that cannot be seen
and that can be determined only by inferences from conduct, words or acts.
"Course of conduct" means repeatedly maintaining visual or physical
proximity to a person or repeatedly conveying verbal or written threats
or threats implied by conduct or a combination thereof directed at or
toward a person. "Repeatedly" means on two or more occasions.
The second element that the State must prove beyond a reasonable doubt
is that the course of conduct was such that it would cause a reasonable
person to fear bodily injury or death to (himself/herself) or a member
of (his/her) immediate family. "Bodily injury" means physical
pain, illness or any impairment of physical condition.2 "Immediate
family" means a spouse, parent, child, sibling or any other person
who regularlyresides in the household or who within the prior six months
regularly resided in the household.
(Charge if Applicable)
The third element that the State must prove beyond a reasonable doubt
is that defendant's conduct did not occur during organized group picketing.
If you find that the State has proved each and every element beyond a
reasonable doubt, then you must find defendant guilty of stalking. If,
however, you find that the State has failed to prove any element of this
offense beyond a reasonable doubt, then you must find defendant not guilty.
[Where the degree of the offense is in question, the following should
be
charged, if applicable.]3
Stalking is ordinarily a crime of the fourth degree. It is, however,
a crime of the third degree if defendant, in committing the crime of stalking:
[Charge the appropriate alternative]
a. Violated an existing court order prohibiting the behavior;
or
b. Committed a second or subsequent offense of stalking against the same
victim;
or
c. Was serving a term of imprisonment or was on parole or probation as
the result of a conviction for any indictable offense under the laws of
this State, any other state or the UnitedStates.4 If you find beyond a
reasonable doubt that defendant committed the crime of stalking, but do
not find that the State has proved, beyond a reasonable doubt, that in
committing the crime, defendant (charge as appropriate: violated an existing
court order prohibiting the behavior, committed a second or subsequent
offense of staking against the same victim, and/or was serving a term
of imprisonment or was on parole or probation as a result of a conviction
for any indictable offense under the laws of this State, any other state
or the United States), then your verdict must be guilty of fourth-degree
stalking. If you find beyond a reasonable doubt that defendant committed
the crime of stalking and further find that the State has proved, beyond
a reasonable doubt, that in committing the crime, defendant (charge the
appropriate: violated an existing court order prohibiting the behavior,
committed a second or subsequent offense of staking against the same victim,
and/or committed the crime while serving a term of imprisonment or while
on parole or probation as a result of a conviction for any indictable
offense under the laws of this State, any other state or the United States),
then your verdict must be guilty of third-degree stalking.
1 This charge has been revised to reflect statutory amendments effective
March 12, 1999. L. 1999 c. 47. These amendments and this charge apply
only to incidents that occurred after March 12, 1999.
2 See N.J.S.A. 2C:11-1
3 In most cases, where degree is in question, the trial court, after
the jury returns its verdict of guilty to stalking, should then try the
issue of degree before the same jury sequentially; first taking whatever
additional proofs are necessary, then charging the jury with this additional
language, under the principles set forth in State v. Chenique-Puey, 145
N.J. 334 (1996) and State v. Ragland, 105 N.J. 189 (1996).
4 This sentencing alternative may require the trial court to sanitize
the prior conviction. State v. Brunson, 132 N.J. 377 (1993). Further,
the trial court probably must grant a defendant's offer to stipulate to
this custodial element. Cf. State v. Alvarez, 318 N.J. Super. 137, 150-154
(App. Div. 1999).
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you
did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and
urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample,
which could be used by law enforcement for the investigation of criminal
activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who
has suffered a loss and if the court finds that you are able or will be
able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required
to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported
by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose
your driver's license for 6 months - 2years. You must pay a Law Enforcement
Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment
of $50 ($100 minimum if you are convicted of a crime of violence) for
each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for
each conviction.
14. If you are being sentenced to probation, you must pay a fee of up
to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible.
There are a number of viable defenses and arguments which can be pursued
to achieve a successful result. Advocacy, commitment, and persistence
are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the
following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific
term of years which shall be fixed by the court and shall be between 10
years and 20 years;
(2) In the case of a crime of the second degree, for a specific term
of years which shall be fixed by the court and shall be between five years
and 10 years;
(3) In the case of a crime of the third degree, for a specific term of
years which shall be fixed by the court and shall be between three years
and five years;
(4) In the case of a crime of the fourth degree, for a specific term
which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions.
A person who has been convicted of an offense may be sentenced to pay
a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately
to determine you rights and obligations to the court. Current criminal
charge researched by Kenneth Vercammen, Esq. 732-572-0500
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