New Jersey Statutes 2C:20-31.1. Posting of certain information on the Internet; degree of crime
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| crime of the third degree | between 3 and 5 years | up to $15,000 |
| crime of the fourth degree | up to 18 months | up to $10,000 |
Terms Used In New Jersey Statutes 2C:20-31.1
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
[Effective Until 8/1/2024]
1. a. For the purposes of this section:
“Authorized person” means a covered person or any of the following persons hereby authorized to submit or revoke a request for the redaction or nondisclosure of a home address or unpublished telephone number on behalf of a covered person pursuant to subsection c. of this section:
(1) on behalf of any federal judge, a designee of the United States Marshals Service or of the clerk of any United States District Court;
(2) on behalf of any covered person who is deceased or medically or psychologically incapacitated, a person acting on behalf of the covered person as a designated trustee, as an estate executor, or pursuant to a written power of attorney or other legal instrument; and
(3) on behalf of any immediate family member who is a minor and who is otherwise entitled to address redaction or nondisclosure pursuant to this act, P.L.2021, c.371 (C. 47:1B-1 et al.), the parent or legal guardian thereof.
“Covered person” means an active, formerly active, or retired judicial officer, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, as those terms are defined by section 1 of P.L.1995, c.23 (C. 47:1A-1.1), or prosecutor and any immediate family member residing in the same household as the judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency, or prosecutor.
“Home telephone number” means any telephone number used primarily for personal communications, including a landline or cellular telephone number.
“Immediate family member” means a spouse, child, or parent of, or any other family member related by blood or by law to, an active, formerly active, or retired judicial officer, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, as those terms are defined by section 1 of P.L.1995, c.23 (C. 47:1A-1.1), or prosecutor and who resides in the same household as the judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency, or prosecutor.
“News media” means newspapers, magazines, press associations, news agencies, wire services, or other similar printed means of disseminating news to the general public.
“Person” shall not be construed to include in any capacity the custodian of a government record as defined in section 1 of P.L.1995, c.23 (C. 47:1A-1.1).
b. Upon notification pursuant to subsection c. of this section, and not later than 10 business days after receipt thereof, a person shall not knowingly, with purpose to expose another to harassment or risk of harm to life or property, or in reckless disregard of the probability of such exposure, post, repost, publish, or republish on the Internet, or otherwise make available, the home address or unpublished home telephone number of any covered person, except in compliance with any court order, law enforcement investigation, or request by a government agency or person duly acting on behalf of the agency.
c. An authorized person, as defined in subsection a. of this section, seeking to prohibit the disclosure of the home address or unpublished home telephone number of any covered person consistent with subsection b. of this section shall provide written notice to the person from whom the authorized person is seeking nondisclosure that the authorized person is an authorized person and requesting that such person cease the disclosure of such information and remove the protected information from the Internet or where otherwise made available.
d. A reckless violation of subsection b. of this section is a crime of the fourth degree. A purposeful violation of subsection b. of this section is a crime of the third degree.
e. This section shall not be construed to prohibit a person, business, or association that has received information as unredacted pursuant to the provisions of sections 1 through 3 of P.L.2021, c.371 (C. 47:1B-1 through C. 47:1B-3) from making the information available consistent with the purposes for which the person, business, or association received the information. A person, business, or association that uses or makes available the information in a way that is inconsistent with the purposes for which the person, business, or association received the information shall be liable as provided pursuant to subsection d. of this section.
f. Nothing herein shall be construed to impose liability on the news media for failure to remove information from previously printed newspapers, and nothing herein shall be construed to impose liability relating to telephone directories or directory assistance unless the covered person has requested to be unpublished in the directory and directory assistance by the applicable publication deadline.
L.2015, c.226, s.1; amended 2020, c.125, s.5; 2021, c.24, s.4; 2021, c.371, s.5; 2023, c.113, s.5.