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Health & Fitness

Civil Cause of Action for Stalking Approved by Assembly Committee

Civil Cause of action for stalking approved by the Assembly Judiciary Committee

The Assembly Judiciary Committee on Monday unanimously recommended passage of a law that would create a civil cause of action for victims of stalking. The bill, A-4086, incorporates the definition of stalking in N.J.S.A. 2C:12-10, which in 1992 made it a crime to "purposefully or knowingly engage" in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress." However, it would not be necessary for the alleged stalker to have been charged or convicted for a civil cause of action to arise. A plaintiff would be able to recover damages incurred as a result of the stalking, and possibly even punitive damages depending upon the egregiousness of the acts. If you have had problems with unwanted attention or concerns with someone stalking you, contact our office to discuss your legal rights in this regard as soon as possible.

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