Thursday, October 10, 2019

Not criminal harassment to publish rude flyers State v. Burkert



NJ Supreme Court rules criminal Harassment requires criminal intent by defendant, not that someone feels harassed
Not criminal harassment to publish rude flyers
State v. Burkert231 N.J. 257(2017) 
      To ensure that N.J.S.A. 2C: 33-4(c) harassment does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to “alarm” and “seriously annoy” must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interfere with that person’s reasonable expectation of privacy. (Docket A-6-16)

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