Bill > A1004

Introduced Session

This bill would upgrade the offense of simple assault to aggravated assault if committed against a servicemember, and would expand the crime of bias intimidation to encompass crimes and offenses committed against servicemembers. Definition The bill defines "servicemember" as any veteran or enlisted person or officer of the United States Armed Forces, or a reserve component thereof, or the organized militia of the State of New Jersey pursuant to N.J.S.38A:1-3.Assault Currently, N.J.S.2C:12-1 provides that a person is guilty of assault if he: (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. Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. A disorderly persons offense is generally punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both; a petty disorderly persons offense, by a term of up to 30 days or a fine of up to $500 or both. However, under paragraph (5) of subsection b. of the statute, simple assault is upgraded to the crime of aggravated assault if committed against certain individuals. These individuals include law enforcement officers, corrections officers, judges, utility company employees, health care workers, and others. Aggravated assault against such individuals is a crime of the third degree if the victim suffers bodily injury; otherwise it is a crime of the fourth degree. A crime of the third degree is generally punishable by a term of imprisonment of three to five years; a fine of up to $15,000; or both; a crime of the fourth degree, by a term of up to 18 months; a fine of up to $10,000; or both. This bill provides that a simple assault committed against a servicemember while in uniform or because of his status as a servicemember would also constitute aggravated assault under paragraph (5) of subsection b. of the statute.Bias Crimes Under N.J.S.2C:16-1, a person is guilty of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an enumerated offense: (1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or (2) knowing that the conduct would cause intimidation because of those grounds; or (3) under circumstances that caused a victim to be intimidated and the victim reasonably believed either that: (a) the offense was committed with a purpose to intimidate on those grounds, or (b) the victim or the victim's property was selected to be the target of the offense on those grounds. Under the statute, the crime of bias intimidation is generally graded one level higher than the underlying offense. A conviction for bias intimidation does not merge with a conviction for an underlying offense. This bill would amend the bias crimes statute to include an individual or group of individuals who were targeted because of their status as servicemembers.Additional Amendment to Bias Crimes Statute In addition, the bill amends the bias intimidation statute to delete paragraph (3) of subsection a., in accordance with a 2015 New Jersey Supreme Court decision that held the provision unconstitutional. In State v. Pomianek, 221 N.J. 66 (2015), the court ruled that paragraph (3) violates the Due Process Clause of the Fourteenth Amendment because, in focusing on the victim's perception and not on the defendant's intent, paragraph (3) "does not give a defendant sufficient guidance or notice on how to conform to the law." The court found that paragraph (3) unconstitutionally allows a defendant to be convicted of a bias crime "even though a jury may conclude that the defendant had no intent to commit such a crime."

AI Summary

Committee Categories

Nancy Muñoz (R)*, 

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 01/09/2024)

Official Document