Bill > S4052

Introduced Session

This bill amends the felony murder, aggravated manslaughter, and aggravated assault statutes to include death or bodily injury occurring during the commission of an auto theft. Under current law, paragraph (3) of subsection a. of N.J.S.2C:11-3 generally defines what is commonly known as the "felony murder rule" as a homicide occurring when the defendant is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, or terrorism, and in the course of such crime or of immediate flight therefrom, the defendant causes the death of another. Under the bill, auto theft is added to the list of crimes to which the felony murder rule would apply. Felony murder is a crime of the first degree, and is subject to sentencing enhancements specific to murder. Under current law, paragraph (2) of subsection a. of N.J.S.2C:11-4 defines aggravated manslaughter as a homicide occurring when the defendant causes the death of another while fleeing or attempting to elude a law enforcement officer. Aggravated manslaughter is a strict liability crime which does not require the prosecutor to prove that the defendant was reckless or intoxicated, and the defendant is liable even if the death was actually caused by a pursuing police officer. Under the bill, aggravated manslaughter is expanded to include death while driving a stolen motor vehicle at any time, whether or not the defendant was attempting to flee the police. Aggravated manslaughter is a crime of the first degree. Under current law, pursuant to paragraph (6) of subsection b. of N.J.S.2C:12-1, aggravated assault includes causing bodily injury to another while fleeing or attempting to elude a law enforcement officer, or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 (commonly known as the "joyriding" statute). Aggravated assault is a strict liability crime which does not require the prosecutor to prove that the defendant was reckless or intoxicated, and the defendant is liable even if the injury was actually caused by a pursuing police officer. This section of law was not updated to reflect the recent enactment of section 1 of P.L.2023, c.101 (C.2C:20-10.1), the standalone auto theft statute. Under the bill, aggravated assault is expanded to include injury caused at any time during an auto theft as well as "joyriding." Aggravated assault pursuant to paragraph (6) of subsection b. of N.J.S.2C:12-1 is a crime of the second degree. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. A crime of the first degree is punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both. However, murder is specifically subject to a term of imprisonment of 30 years without parole, or 30 years to life with a mandatory minimum of 30 years. Clarification of the strict liability nature of aggravated manslaughter and aggravated assault, even when the injury or death was actually caused by a police officer in pursuit of the defendant, conforms the statutes with State v. Lora, 465 N.J. Super. 477, 496 (App. Div. 2020), certif. denied, 246 N.J. 224 (2021), which held that, "A police-related injury in the pursuit of a criminal is a risk created by that criminal, and we should not allow him to escape liability for his behavior."

Committee Categories

Tony Bucco (R)*,  Douglas Steinhardt (R)*,  Kristin Corrado (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/30/2025)

Official Document