Bill > S1358

Introduced Session

This bill would increase the penalties for assault and harassment against sports officials and participants under certain circumstances. SIMPLE ASSAULT. Under current law, a person who commits "simple assault" is guilty of a disorderly persons offense. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both. Current law provides that a person is guilty of a simple assault if the person: (1) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) negligently causes bodily injury to another with a deadly weapon; or (3) attempts by physical menace to put another in fear of imminent serious bodily injury. Under the bill, a person who commits simple assault, or threatens to do so, against a sports official for a school or community sponsored youth sports event while clearly identifiable as being engaged in the performance of the duties of a sports official; traveling to or from a sports event; or because of the official's status as a sports official; or against a player or participant in a school or community sponsored youth sports event, is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. The bill defines "sports official" as any person who serves as a referee, umpire, timer, scorer, coach, athletic trainer, manager, or assistant for a school or community sponsored youth sports event, or serves in a similar capacity but may be known by a different title, whether the person is compensated or a volunteer. SIMPLE ASSAULT AGAINST A MINOR. If the simple assault is committed against a minor under the age of 18, the person is guilty of a crime of the third degree, with additional sentencing provisions as set out in the bill. A crime of the third degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $15,000, or both. Under the bill, a person convicted of this third degree crime is to be sentenced to: (1) a fine of not less than $2,500 for a first offense, $10,000 for a second offense, and $15,000 for a third or subsequent offense; (2) exclusion from all school or community sponsored youth sports events for a period of not less than two years and up to five years; and (3) participation in anger management training of a period of not less than 50 hours, subject to the discretion of the anger management training facilitator The bill provides that a person sentenced to a crime of the fourth degree for assault against a sports official or participant is to be sentenced to: (1) a fine of not less than $1,000 for a first offense, $5,000 for a second offense, and $10,000 for a third or subsequent offense; (2) exclusion from all school or community sponsored youth sports events for a period of not less than one year and up to four years; and (3) participation in anger management training of a period of not less than 20 hours, subject to the discretion of the anger management training facilitator. AGGRAVATED ASSAULT. The bill provides that a person who commits an aggravated assault against a sports official, player, or participant is guilty of a crime of the third degree and is subject to the additional penalties set forth in the bill. Current law provides that a person is guilty of aggravated assault if the person: (1) attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or (2) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or (3) recklessly causes bodily injury to another with a deadly weapon; or (4) knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, whether or not the person believes it to be loaded. A person also is guilty of aggravated assault under current law if the person commits a simple assault against certain persons, such as law enforcement officers, teachers, health care workers, and others. HARASSMENT. In addition, the bill increases the penalties for harassment if committed against a sports official or participant. Currently, harassment is a petty disorderly persons offense, punishable by a term of imprisonment of up to 30 days, a fine of up to $500, or both. Under the bill, it would be a crime of the fourth degree to commit harassment against a sports official: (1) while the sports official is engaged in conducting, supervising, refereeing, or officiating at a sanctioned interscholastic, recreational, private, or collegiate sports event; (2) in the immediate vicinity of a sports event, if the harassment arises out of the sports official's performance in the sports event; or (3) while the player is engaged in a sports event, and prior to and after the event.

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Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document