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  • NJ A1418
  • Provides for jurisdiction for prosecution for certain crimes against minors committed outside New Jersey.
Introduced
(1/27/2016)
In Committee
(2/29/2016)
Crossed Over
(2/18/2016)
PassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
The bill would allow prosecutions for certain criminal conduct that takes place outside of New Jersey. This bill is in response to State v. Sumulikoski and Sopel, 221 N.J. 93 (2015). In this case, the New Jersey Supreme Court ruled that the State did not have territorial jurisdiction to prosecute two employees of a New Jersey high school for unlawful sexual conduct with three New Jersey students that took place in Germany. The employees, a teacher and a school administrator, had been chaperoning the students on a school-sponsored trip. The defendants were indicted in Bergen County for sexual assault and endangering the welfare of a child, but the court dismissed the charges on jurisdictional grounds. Under current law, set out in N.J.S.2C:1-3, a person may be convicted of an offense under the law of this State if either the conduct which is an element of the offense or the result which is such an element occurs within this State. In Sumulikoski, the court held that no such "conduct" had taken place in New Jersey because the offense did not take place in New Jersey. The court ruled that, although the defendants did take on their status as chaperones for the students in New Jersey, such status was insufficient for jurisdiction. The bill would expand the jurisdiction of the statutes concerning endangering the welfare of a child, N.J.S.2C:24-4, and aggravated sexual assault and sexual assault pursuant to subparagraph (b) of paragraph (2) of subsection a. of N.J.S.2C:14-2 or subparagraph (b) of paragraph (3) of subsection c. of N.J.S.2C:14-2. The crimes set out in N.J.S.2C:14-2 involve an act of sexual penetration by an actor who has supervisory or disciplinary power over a victim who is less than 18 years old. The bill specifies that an actor's supervisory or disciplinary power over the victim which commenced in this State pursuant to subparagraph (b) of paragraph (2) of subsection a. of N.J.S.2C:14-2 or 2 subparagraph (b) of paragraph (3) of subsection c. of N.J.S.2C:14-2 continues in any jurisdiction. By expanding N.J.S.2C:14-2 and N.J.S.2C:24-4, the bill is intended to confer jurisdiction to New Jersey courts in cases similar to State v. Sumulikoski and Sopel.
Judiciary, 2nd Reading in the Assembly, Passed Assembly
Received in the Senate, Referred to Senate Judiciary Committee  (on 2/29/2016)
 
 
Date Chamber Action Description
2/29/2016 S Received in the Senate, Referred to Senate Judiciary Committee
2/18/2016 A Passed by the Assembly (75-0-0)
2/8/2016 A Reported out of Assembly Committee, 2nd Reading
2/8/2016 Assembly Judiciary Hearing (10:00 2/8/2016 Committee Room 12, 4th Floor)
1/27/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
Detail 2/18/2016 Assembly Floor: Third Reading - Final Passage 75 0 5
Detail 2/8/2016 Assembly Judiciary Committee: Reported Favorably 7 0 0