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Domestic Violence Requires Purpose and Intent
(provided by Gruber & Colabella, P.A.)
Domestic Violence is defined under N.J.S.A. 2C:25-19 as follows:
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"Domestic violence means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:"
Each of the following underlying criminal acts require one form or another of purpose or intent:
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2C:33-4. Harassment.
Except as provided in subsection d., a person commits a petty disorderly persons offense if, 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.
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
2C:12-1. Assault.
a.Simple assault. A person is guilty of assault if he:
(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2)Negligently causes bodily injury to another with a deadly weapon; or
(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into mutual consent, in which case it is a petty disorderly persons offense.
b.Aggravated assault. A person is guilty of aggravated assault if he:
(1)Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury;
(2)Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
(3)Recklessly causes bodily injury to another with a deadly weapon; or
(4)Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another whether or not the actor believes it to be loaded;
2C:12-3. Terroristic threats.
a.A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.
b.A person is guilty of a crime of the third degree if he threatens to kill another with purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.
2C:12-4 to 2C:12-9. Stalking.
a.As used in this act:
(1)"Course of conduct" means a knowing and willful course of conduct directed at a specific person, composed of a series of acts over a period of time, however short, evidencing a continuity of purpose which alarms or annoys that person and which serves no legitimate purpose. The course of conduct must be such as to cause a reasonable person to suffer emotional distress. Constitutionally protected activity is not included within the meaning of "course of conduct".
(2)"Credible threat" means an explicit or implicit threat made with the intent and the apparent ability to carry out the threat, so as to cause the person who is target of the threat reasonably fear for that person's safety.
b.A person is guilty of stalking, a crime of the fourth degree, if he purposely and repeatedly follows another person and engages in a course of conduct or makes a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily injury.
2C:13-3. False imprisonment.
A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.
2C:17-3. Criminal mischief.
a.Offense defined. A person is guilty of criminal mischief if he:
(1) Purposely and knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in section 2C:17-2a; or
(2)Purposely and recklessly tampers with tangible property of another so as to endanger person or property.
2C:18-3. Criminal Trespass.
a.Unlicensed entry of structures. A person commits an offense if knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. Otherwise it is a disorderly persons offense.
Gruber & Colabella, P.A. located at
http://www.gruberandcolabellapa.com/
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