Bill > S1319

Introduced Session

This omnibus bill addresses riot and certain violent crime committed during the course of riot. Presently, a person is guilty of riot if he participates with four or more others in a course of disorderly conduct with an unlawful purpose, enumerated in the statute. This bill amends subsection b. of N.J.S.2C:33-1, riot, and expands the categories of riot to include aggravated riot, inciting a riot and aggravated inciting a riot. Under the bill, a person commits riot if the he participates in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct, resulting in (1) Injury to another person; (2) Damage to property; or (3) Imminent danger of injury to another person or damage to property. A person who commits a riot when he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon is guilty of a crime of the third degree. A crime of the third degree is punishable by up to 5 years imprisonment, a fine of up to $15,000, or both. Otherwise riot is a crime of the fourth degree. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. New subsection b. is added to N.J.S.2C:33-1 to provide a person commits aggravated riot if, in the course of committing a riot, he: (1) Participates with 25 or more other persons; (2) Causes serious bodily injury to a person not participating in the riot; (3) Causes property damage in excess of $5,000; (4) Displays, uses, threatens to use, or attempts to use a deadly weapon; or (5) By force, or threat of force, endangers the safe movement of a vehicle traveling on a public street, highway, or road. A person who commits aggravating riot commits a crime of the second degree. A crime of the second degree is punishable by up to 10 years imprisonment, a fine of up to $150,000, or both. New subsection c. is added to N.J.S.2C:33-1 to provide a person commits inciting a riot if he willfully incites another person to participate in a riot, resulting in a riot or imminent danger of a riot. A person who commits inciting a riot commits a crime of the third degree. New subsection d. is added to N.J.S.2C:33-1 to provide a person commits aggravated inciting a riot if he (1) Incites a riot resulting in serious bodily harm to another person not participating in the riot; (2) Incites a riot resulting in property damage in excess of $5,000; or (3) Supplies a deadly weapon to another person or teaches another person to prepare a deadly weapon with intent that the deadly weapon be used in a riot for an unlawful purpose. A person who commits aggravated inciting a riot commits a crime of the second degree. Under the bill, a person arrested for a violation of N.J.S.2C:33-1 shall be held in custody until brought before the court for a pretrial detention hearing. The bill does not prohibit constitutionally protected activity such as a peaceful protest. The bill amends N.J.S.2C:33-7, obstructing highways or other passages, to provide that it shall be unlawful for a person, having no legal privilege to do so, to purposely or recklessly obstruct any highway or other public passage whether alone or with others. No person shall be deemed in violation of this subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering. The amendment leaves intact subsection b. of N.J.S.2C:33-7, which concerns refusal to obey a reasonable official request or order to move. The bill amends N.J.S.2C:12-1, Assault. Currently, paragraph (5) of subsection b. enumerates specific circumstances when aggravated assault occurs. This bill adds that a person is guilty of aggravated assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another in the course of a riot. Aggravated assault under this circumstance is a crime of the third degree, punishable by up to five years imprisonment, a fine of up to $15,000, or both. Paragraph (5) of subsection b. of N.J.S.2C:12-1 further elevates simple assault to aggravated assault when committed against certain categories of persons, including when committed against a law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer, and is graded as a crime of the third degree. Under the bill, if, in the course of a riot, an object is thrown at certain emergency personnel including law enforcement officers, or if the emergency personnel is struck, whether or not with an object, the presumption of non-imprisonment for a first offense of a crime of the third degree shall not apply, and a mandatory period of six months imprisonment shall apply. The bill amends N.J.S.2C:17-3, criminal mischief, to add an additional category to the offense. Under the new provision, a person is guilty of criminal mischief if he without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial or historic property, and the value of the damage to the memorial or historic property is greater than $200. The bill grades this offense as a crime of the third degree where the damage is to a memorial or historic property. The bill provides that "historic property" means any building, structure, site, or object that has been officially designated or approved for inclusion, or which meets the criteria for inclusion, in the New Jersey Register of Historic Places pursuant to P.L.1970, c.268 (C.13:1B-15.128 et seq.) as a historic building, historic structure, historic site, or historic object through a federal, state, or local designation program. "Memorial" means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of events; and honors or recounts the military service of any past or present United States Armed Forces military personnel, or the past or present public service of a resident of the geographical area comprising the state or the United States. A court shall order any person convicted of violating this provision to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property. The bill amends N.J.S.A.2C:18-2, burglary, to add an additional circumstance to the grading scheme. Under the bill, burglary is a crime of the second degree if it occurs during a riot or an aggravated riot and the perpetration of the burglary is facilitated by conditions arising from the riot. The section is further amended to provide that "conditions arising from the riot," means civil unrest, power outages, curfews, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary during a riot or aggravated riot may not be released until the person appears before a judge at a pretrial detention hearing. The bill amends N.J.S.A.2C:20-2, theft, to add an additional circumstances to the grading scheme. Under the bill, theft is a crime of the second degree if the property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in R.S.39:1-1. "Emergency medical equipment" means mechanical or electronic apparatus used to provide emergency services and care or to treat medical emergencies. "Law enforcement equipment" means any property, device, or apparatus used by any law enforcement officer as defined in section 3 of P.L.1993, c.220, (C.52:17B-161) in the officer's official business. If the property is stolen during a riot or an aggravated riot prohibited under section N.J.S.2C:33-1 and the perpetration of the theft is facilitated by conditions arising from the riot; the theft is committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft is a crime of the second degree. Under the bill, the term "conditions arising from the riot" means civil unrest, power outages, curfews, or a reduction in the presence of or response time for first responders or homeland security personnel and the term "conditions arising from the emergency" means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. Third degree theft is elevated to a crime of the second degree if the property is stolen during a riot or an aggravated riot prohibited under N.J.S.2C:33-1 and the perpetration of the theft is facilitated by conditions arising from the riot; the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency. A person arrested for committing a theft during a riot crime, or other crime amended by the bill, may not be released until the person appears before a judge at a pretrial detention hearing. The bill amends N.J.S.59:2-2, concerning public entity liability to provide that a municipality has a duty to allow the municipal law enforcement agency to respond appropriately to protect persons and property during a riot or an unlawful assembly based on the availability of adequate equipment to its municipal law enforcement officers and relevant State and federal laws. The bill creates the new offenses of mob intimidation and cyber-intimidation by publication. Under the bill, mob intimidation occurs when a person, assembled with two or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon, or maintain a particular viewpoint against his or her will. A person who violates this section commits a disorderly persons offense. A disorderly persons offense is punishable by up to 6 months imprisonment, a fine of up to $1,000, or both. A person arrested for a violation of this section shall be held in custody until brought before the court for a pretrial detention hearing. Under the bill, cyber-intimidation by publication occurs when a person electronically publishes another person's personal identification information with the intent to, or with the intent that a third party will use the information to (a) Incite violence or commit a crime against the person; or (b) Threaten or harass the person, placing such person in reasonable fear of bodily harm. A person who violates this subsection commits a crime of the fourth degree. The bill establishes an affirmative defense in action for personal injury, wrongful death, or property damage that action arose from an injury or damage sustained by a participant acting in furtherance of a riot. The bill establishes a procedure to appeal law enforcement funding reduction proposal in local budgets. This bill is modeled closely on Florida Laws ch.6; 2021 Fla. HB 1.

AI Summary

Committee Categories

Joe Pennacchio (R)*,  Bob Singer (R)*,  Jim Holzapfel (R),  Brian Stack (D),  Mike Testa (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

Official Document