TERRORISTIC THREATS & STALKING

TERRORISTIC THREATS

2C:12-3. Terroristic Threats

This is a third degree crime which occurs in one of two ways.

  1. A person is guilty of terroristic threats if he or she threatens to commit any crime of violence with the purpose to terrorize or to cause the evacuation of a building. The most common example is phoning in a bomb threat.
  2. Terrorist threats also include threatening to kill another with the purpose to put them in imminent fear where the victim believes the threat will be carried out.

It is often a fine line between having a heated argument and committing the 3rd degree crime of terroristic threats. Sometimes when we are angry we say things we don’t mean and have no intention of carrying out. The lawyers at Roberts & Teeter understand this difference and will work hard to make sure others like juries and judges understand it as well.

STALKING

2C:12-10. Stalking

Stalking is either repeatedly maintaining a physical proximity to a person or repeatedly making written or verbal threats toward a person. Stalking is elevated to a third degree crime when committed during an active restraining order prohibiting the behavior.

In addition to fines, probation, or incarceration, the law allows the Court to enter a permanent restraining order to a person convicted of stalking.

KIDNAPPING

2C:13-1. Kidnapping

Kidnapping is one of the most serious crimes in New Jersey, chargeable as a 1st degree crime with a mandatory minimum sentence imposed. A person is guilty of kidnapping if they unlawfully remove another or unlawfully confine another with the purpose of holding that person for ransom or reward or as a shield or hostage.

Less serious than kidnapping are the charges of criminal restraint, false imprisonment, and interference with custody.

CRIMINAL RESTRAINT

2C:13-2. Criminal Restraint

Criminal Restraint is the unlawful restraining of another or holding of a person in a condition of involuntary servitude.

FALSE IMPRISONMENT

2C:13-3. False Imprisonment

False Imprisonment is a disorderly persons offense where a person knowingly restrains another so as to interfere substantially with their liberty.

INTERFERENCE WITH CUSTODY

2C:13-4. Interference with custody.

Any person, even a parent, commits interference with custody when they take or detain a child with the purpose of depriving the child’s other parent of parenting time.

LURING OR ENTICING A CHILD

2C:13-6. Luring or Enticing a Child.

A 2nd degree crime where a person attempts to lure or entice a child into a motor vehicle, building, or isolated area with the purpose to commit a criminal offense with or against the child. When the same act is done against an adult it is 3rd third degree crime in violation of 2C:13-7.

Even to the casual observer, it should be obvious that there is considerable overlap between the above statutes. The same conduct can trigger one or all of the listed crimes. Ensuring that you receive the best possible outcome given the facts of your case it is imperative you hire a criminal lawyer.

Copyright © ‘2017’ Roberts & Teeter. All rights reserved.

   
New Jersey Attorneys