Bill > A4542

Introduced Session

This bill expands the list of crimes that are a form of bias intimidation to include the crime of creating a false public alarm under N.J.S.2C:33-3. Under current law, a person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of certain offenses, which include terroristic threats, assault, murder, arson, harassment, and certain weapons offenses, 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. The bill also removes paragraph (3) of subsection a. of N.J.S.2C:16-1 from the statute. In State v. Pomianek, 221 N.J. 66 (2015), the New Jersey Supreme Court held that the provision was unconstitutionally vague and violates due process because, rather than focusing on the defendant's state of mind, the law focuses on the victim's perception of the defendant's state of mind. Depending upon the circumstances, the crime of creating a false public alarm can range from a fourth degree to a first degree crime.Bias intimidation is a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime graded one degree higher than the most serious underlying crime, except in cases in which the underlying crime is of the first degree. A crime of the fourth degree is typically punishable by a term of up to 18 months imprisonment, a fine up to $10,000, or both. A crime of the first degree is typically punishable by a term of 10 to 20 years imprisonment, a fine of up to $200,000, or both. A conviction for bias intimidation as a first-degree crime may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.

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Shama Haider (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 06/13/2024)

Official Document