Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.
Harassment under N.J.S.A. 2C:33-4 is usually a petty disorderly persons offense and requires a purpose to harass. Terroristic threats under N.J.S.A. 2C:12-3 is a third-degree crime (second degree during a declared emergency). Both are predicate acts of domestic violence, so either can also support a restraining order.
Key takeaways
- Harassment is usually a petty disorderly persons offense and requires a purpose to harass.
- Terroristic threats is a third-degree crime (second degree during a declared emergency).
- Both are predicate acts of domestic violence.
What is harassment (2C:33-4) and how is it charged in DV cases?
A person commits harassment if, with purpose to harass another, they make or cause a communication in offensively coarse language or at extremely inconvenient hours or in a manner likely to cause annoyance or alarm; subject another to striking, kicking, shoving, or other offensive touching, or threaten to; or engage in a course of alarming conduct or repeated acts with purpose to alarm or seriously annoy. It is a petty disorderly persons offense, and a fourth-degree crime only in limited situations listed in the statute.
What are terroristic threats in NJ?
Threatening to commit a crime of violence with the purpose to terrorize another, or in reckless disregard of the risk of causing terror, is a third-degree crime. Threatening to kill another with the purpose to put them in imminent fear of death, under circumstances reasonably causing that belief, is also covered. During a declared national, state, or county emergency, the offense is second degree.
Harassment vs. terroristic threats: how do they compare?
| Harassment (2C:33-4) | Terroristic threats (2C:12-3) | |
|---|---|---|
| Usual grade | Petty disorderly persons | Third-degree crime |
| Key mental state | Purpose to harass | Purpose to terrorize (or reckless disregard) |
| Court | Municipal | Superior |
| Restraining order predicate? | Yes | Yes |
How are harassment and threat charges defended?
- Words spoken in anger or venting, without the required purpose
- Context of a mutual argument
- Communication was legitimate (for example, about children or finances)
- Authorship of messages is disputed
Related guides
- Simple vs. aggravated assault
How New Jersey grades assault in domestic violence cases: simple assault (disorderly persons), mutual fight (petty disorderly), and aggravated assault including strangulation under 2C:12-1(b)(13).
- After a domestic violence arrest
What happens after a domestic violence arrest in New Jersey: mandatory arrest rules, release decisions and no-contact conditions, detention hearings, weapons seizure, and the separate TRO.
- Gun seizure after a DV call
When New Jersey police must seize weapons, firearm ID cards and purchase permits after a domestic violence incident under N.J.S.A. 2C:25-21(d), the prosecutor's 45-day deadline, and the return hearing.
Frequently asked questions
Is a single angry text harassment in New Jersey?
Not necessarily. The State must prove a purpose to harass, and context matters.
Is terroristic threats a felony in New Jersey?
It is a third-degree indictable crime, which other states would call a felony.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
