Defendant appealed from a final protective order entered against her and in favor of plaintiff pursuant to the Victim's Assistance and Survivor Protection Act (VASPA), N.J.S.A. 2C:14-13 to -21. The trial court concluded defendant violated VASPA by, among other things, committing cyber-harassment when she sent plaintiff a text message containing lewd language and threatened to contact plaintiff's employer regarding plaintiff's relationship with defendant's husband.
On appeal, the court reversed. The record did not support a finding of cyber-harassment under N.J.S.A. 2C:14-14(a)(1), because defendant did not commit a lewd act by bragging about her sexual prowess and did not threaten to inflict injury or harm to or commit a crime against plaintiff's property.
However, the court rejected defendant's assertion a text message is not a "communication[] in an online capacity" under N.J.S.A. 2C:14-14(a)(1). Because text messages can be sent via a cellular network or the internet, they are a form of online communication. Given the ubiquity of texting and the court's interpretation of the Legislative intent of VASPA to afford victims maximum protection of the law, the court concludes the Legislature did not intend to exclude text messages as a form of online communications under N.J.S.A. 2C:14-14(a)(1).
The court also held a threat against one's job by contacting an employer can be a form of threat against property under N.J.S.A. 2C:14-14(a)(1). However, defendant did not violate the statute because the record is devoid of any evidence showing she intended to do anything other than inform plaintiff's employer about the relationship between plaintiff and defendant's husband, which is not the sort of conduct actionable under N.J.S.A. 2C:14-14(a)(1).