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 vs. terroristic threats
Harassment (2C:33-4)Terroristic threats (2C:12-3)
Usual gradePetty disorderly personsThird-degree crime
Key mental statePurpose to harassPurpose to terrorize (or reckless disregard)
CourtMunicipalSuperior
Restraining order predicate?YesYes

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
  • 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.