Bill
Bill > A5369
NJ A5369
NJ A5369Expands 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
02/25/2025
02/25/2025
In Committee
02/25/2025
02/25/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
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 bill allows juveniles aged 15 and older who have previously been adjudicated delinquent for theft or unlawful taking of a motor vehicle to be waived to adult criminal court. Additionally, the bill changes the law regarding adults using juveniles in automobile theft from a "knowingly" standard to a strict liability offense, meaning 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 bill removes the requirement that the adult "knowingly" uses a juvenile and explicitly states that it is not a defense if the adult mistakenly believed the juvenile was older, even if that belief was reasonable. A second-degree crime under this statute can be punished by five to 10 years in prison, a fine up to $150,000, or both. The changes aim to create stronger legal consequences for both juvenile offenders and adults who involve minors in motor vehicle theft.
Committee Categories
Justice
Sponsors (4)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 02/25/2025)
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/A5369 |
| BillText | https://pub.njleg.gov/Bills/2024/A5500/5369_I1.HTM |
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