Updated stalking law awaits gov.'s signature

Almost two years after it was introduced in the state Legislature, a bill that will enhance New Jersey's stalking laws received a final unanimous vote in the state Assembly on Feb. 5.

The bill had previously been approved in the state Senate. It now awaits Gov. Jon Corzine's signature before becoming law.

While the passage of the bill is likely satisfying for stalking victims throughout New Jersey, it is particularly meaningful for a woman who is a resident of Marlboro. The woman has dealt with a stalker on and off for 11 years and it was the story of what she has endured that prompted former assemblyman Mike Panter to draft the bill in 2007.

In writing about this story for several years, Greater Media Newspapers has not identified the Marlboro resident in keeping with its policy of withholding the names of domestic violence victims.

"The law is a long time coming, it's been torture for 11 years," the woman said this week.

The bill was initially drafted by Panter with input from Manalapan Police Chief Stuart Brown, Marlboro police Detective Sgt. Paul Reed and Marlboro police Detective Ross Yenisey. The bill received ad- ditional information from the National Center for Victims of Crime, Washington, D.C., and the New Jersey Coalition for Battered Women.

The bill died in both houses of the Legislature after new legislative representatives took office in 2008 and had to be reintroduced with identical versions in the Senate and the Assembly.

The Senate version was sponsored by Sen. Barbara Buono (D-Middlesex) and Sen. Jennifer Beck (R-Monmouth and Mercer). The Assembly version was sponsored by Assemblywoman Linda R. Greenstein (D-Mercer and Middlesex), Assemblyman Eric Munoz (R-Essex, Morris, Somerset and Union), Assemblyman Joseph Cryan (D-Union) and Assemblywoman Elease Evans (D-Bergen and Passaic).

The key part of the bill expands the current stalking law to include a course of conduct that causes a reasonable person to fear for his or her safety, or for the safety of a third person, or causes that person to suffer emotional distress.

The law as initially proposed stated that a victim would have to be threatened with bodily harm. Law enforcement officials have previously stated that the current stalking law limits their actions unless a direct threat is made against the victim.

The bill that now awaits Corzine's signature amends the definition of course of conduct to include directly or indirectly or through a third person or by device to follow, monitor, surveil, threaten or communicate to or about a person. It also covers interfering with a person's property and repeatedly committing harassment against an individual.

"Technological advances require that the Legislature update and amend current statutes to ensure that the victims of stalking receive the best available protection," Beck had previously said.

She cited global positioning systems and easily concealed cameras as examples of new technology that can furnish stalkers with the means to harass another individual.

Violators of the law will be punishable by a term of imprisonment not to exceed 18 months, a maximum fine of $10,000 or both. Violators who commit a second or subsequent offense are guilty of a crime of the third degree punishable by a maximum term of imprisonment of five years, a fine of $15,000 or both.

With both houses of the state Legislature having finally approved the bill, the Marlboro woman is breathing a little easier with the knowledge that if her stalker strikes again, she will have the power of the tougher law behind her.

She said Oprah Winfrey's statement that "where there is no struggle, there is no strength" describes her situation perfectly.

"I struggled to get this law and now (law enforcement officials) have the strength to use it. I hope my struggle will lead to others not having to go through it," she said.

A study released by the United States Department of Justice in January found that 3.4 million people identified themselves as victims of stalking during a 12- month period in 2005 and 2006. According to the study, about half of the victims experienced at least one unwanted contact per week from the offender and 11 percent have been stalked for five or more years.

According to the report, "The most common types of stalking behavior reported by victims were receiving unwanted phone calls from the offender (66 percent), receiving unsolicited letters or e-mail (31 percent), or having rumors spread about them (36 percent). Nearly a third of victims reported that offenders were equally likely to show up at places with no reason to be there or to wait for the victim at a particular location.

"Technology has become a quick and easy way for stalkers to monitor and harass their victims. More than one in four stalking victims reported that some form of cyberstalking was used, such as e-mail (83 percent of all cyberstalking victims) or instant messaging (35 percent).

"Electronic monitoring of some kind was used to stalk one in 13 victims. Video or digital cameras were equally likely as listening devices or bugs to be used to track victims.

"Nearly 75 percent of victims knew their offender in some capacity, and about one-tenth of all victims were stalked by a stranger. Stalking victims most often identified the stalker as a former intimate (22 percent) or a friend, roommate, or neighbor (16 percent)," according to the report.

The Department of Justice also reported that about 130,000 victims were fired from or asked to leave their job because of his or her stalking situation. About one in eight of all employed stalking victims lost time from work because he or she feared for their safety or because they had to make time for court appearances such as obtaining a restraining order or testifying in court.

The Marlboro woman said she hopes that stalking victims around the nation will be inspired to fight to have their state's laws enhanced to also include the course of conduct terminology, which she described as being key in providing help to victims.

Contact Rebecca Morton at marlboro@gmnews.com