Last 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.
- Served with a TRO
Just served with a temporary restraining order in New Jersey? What the order means, what not to do, how to prepare for the FRO hearing in about 10 days, and how to get your belongings.
- The FRO hearing
How a New Jersey final restraining order hearing works: the Silver two-step test, evidence and witnesses, testifying when there is a criminal case, decisions, and appeals.
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.