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Bill > S4053
NJ S4053
NJ S4053Expands offenses for which juvenile may be waived to adult criminal court to include certain thefts or unlawful takings of motor vehicles; makes use of juvenile in theft of motor vehicle strict liability crime.
summary
Introduced
01/30/2025
01/30/2025
In Committee
01/30/2025
01/30/2025
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill expands the offenses for which a juvenile may be waived to adult criminal court to include certain thefts or unlawful takings of motor vehicles and makes the use of a juvenile in the theft of a motor vehicle a strict liability crime. Under current law, juveniles 15 years of age and older at the time of the alleged delinquent act who are charged with certain offenses, such as criminal homicide, carjacking, and sexual assault, are eligible to be waived to adult criminal court. This bill provides that in addition to the offenses set forth under current law, juveniles 15 years of age and older at the time of the alleged delinquent act who are charged with theft or unlawful taking of a motor vehicle and have previously been adjudicated delinquent for one of these offenses are eligible to be waived to adult criminal court. In addition, the bill makes the use of a juvenile in the theft of a motor vehicle a strict liability crime. Under current law, a person who is at least 18 years of age who knowingly uses, solicits, directs, hires, or employs a person who is 17 years of age or younger to commit theft of an automobile is guilty of a second degree crime. Current law further provides that it is not a defense to prosecution that the actor mistakenly believed that the person which the actor used, solicited, directed, hired, or employed was older than 17 years of age, even if the mistaken belief was reasonable. Under the provisions of this bill, a person who is at least 18 years of age who uses, solicits, directs, hires, or employs a person who is 17 years of age or younger to commit theft of an automobile is guilty of strict liability use of a juvenile in theft of an automobile. Strict liability use of a juvenile in theft of an automobile is a second degree crime. A second degree crime is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.
AI Summary
This bill expands the circumstances under which a juvenile can be transferred to adult criminal court and establishes strict liability for adults who involve juveniles in motor vehicle theft. Specifically, the legislation allows for juveniles aged 15 and older to be waived to adult court if they are charged with theft or unlawful taking of a motor vehicle and have a previous delinquency adjudication for such offenses. Additionally, the bill removes the requirement that an adult "knowingly" uses a juvenile to commit automobile theft, making it a strict liability offense. This means that an adult who uses, solicits, directs, hires, or employs a person under 17 to steal a car can be prosecuted regardless of whether they knew the person's exact age. The offense remains a second-degree crime, which carries a potential prison sentence of 5 to 10 years and a fine up to $150,000. The bill aims to create stronger legal consequences for adults who involve minors in motor vehicle theft and provides more flexibility for prosecutors to handle repeat juvenile offenders in the motor vehicle theft context.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/30/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4053 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4053_I1.HTM |
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