PER CURIAM.
Defendant Sara Chamoun appeals from her de novo conviction for harassment as a petty disorderly offense,
We discern the following facts from the record. Defendant was once engaged to Moira Sotelo's current husband. Defendant and Sotelo have had a tense relationship with accusations of defendant frequently driving by Sotelo's home, following Sotelo and her husband to church, and calling Sotelo on the phone. Notably, defendant and Sotelo's husband both speak Arabic. Sotelo's son, M.M., understands some Arabic, while Sotelo only speaks Spanish.
On April 21, 2012, Sotelo drove to the Meadowlands Flea Market with M.M. While there, Sotelo spotted defendant and her sister. As defendant and her sister walked by, Sotelo heard defendant say, "sharmoota." Following this, M.M. left his mother's side and followed defendant. M.M. returned approximately five minutes later, stating he had followed defendant and her sister. He saw the two walk past Sotelo's vehicle, with defendant running her hand along the vehicle. M.M. also explained to Sotelo that "sharmoota" is an Arabic word for whore. Sotelo testified that she did not know the meaning of the word prior to her son's explanation. Upon leaving the market, Sotelo and M.M. noticed new scratches on Sotelo's car. At this point, they contacted the police regarding both the spoken word and the scratches to the vehicle.
On June 22, 2012, Sotelo filed a citizen's complaint against defendant. On July 11, 2012, the municipal court judge found probable cause and issued defendant a summons for harassment in violation of
Defendant appealed to the Law Division. On November 22, 2013, the Law Division judge conducted a trial de novo, where defendant's counsel argued that defendant's conduct could not be considered harassment because the victim of the alleged harassment did not understand Arabic. The judge rejected defendant's argument, found defendant guilty of violating
This appeal followed. On appeal, defendant raises the following points:
When a defendant appeals a decision made by a municipal court to the Law Division, the court must conduct a de novo review of the record, giving "due regard to the municipal judge's opportunity to view the witnesses and assess credibility."
Harassment as a petty disorderly persons offense occurs when an individual, "with purpose to harass another, . . . [m]akes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm[.]"
Here, there was sufficient credible evidence in the record to support the Law Division judge's finding that defendant committed the act of harassment pursuant to
Defendant argues that the State failed to prove a purpose to harass beyond a reasonable doubt. "A finding that defendant acted with a purpose or intent to harass another is integral to a determination of harassment."
Like the Law Division judge, we reject defendant's argument that defendant could not be found guilty of the offense because Sotelo does not speak Arabic. While the victim was not fluent in Arabic, her son, who was with her at the time, understood the insult. "There is rarely direct proof of intent, and purpose may and often must be inferred from what is said and done and the surrounding circumstances. Prior conduct and statements may be relevant to and support and inference of purpose."
The time, place, and circumstances of this incident, including the fact that the victim's son who understands Arabic was present, strongly support the inference that defendant uttered the offensive term with the intent to harass the wife of her ex-fiancé. As the Law Division judge found, "This was said . . . in a public place where it was heard by the victim. . . . These people had a history. The victim not only heard comments being made . . . but she understood the intent and the demeanor of this defendant."
We conclude the Law Division did not err in finding defendant guilty in the trial de novo as the judge's decision is amply supported by credible evidence in the record.
Affirmed.