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Bill > S2494

NJ S2494

NJ S2494
Creates crime of fiscal victimization against senior citizens or disabled persons.

summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill establishes the crime of fiscal victimization of a senior citizen or a person with a disability. Under the provisions of the bill, a person is guilty of fiscal victimization if the person commits, attempts to commit, conspires with another to commit, or threatens to commit the crime of either theft or identity theft against a senior citizen or a person with a disability. The crime of fiscal victimization is a crime separate from the underlying offense of theft or identity theft. The crime of fiscal victimization under the bill is a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly persons offense. Otherwise, fiscal victimization is a crime one degree higher than the most serious underlying crime, except if the underlying crime is a crime of the first degree. Under those circumstances, fiscal victimization is a first degree crime and, upon conviction, the defendant may be sentenced to an ordinary term of imprisonment between 10 years and 30 years, with a presumptive term of 20 years. The bill also specifies that a conviction for fiscal victimization is not to merge with a conviction for the underlying offense and a conviction for the underlying offense is not to merge with a conviction for fiscal victimization, effectively authorizing the court to impose separate sentences for the two convictions. Under the bill, the fiscal victimization offense is to be dismissed if the underlying theft offense is dismissed or otherwise downgraded by the prosecutor to an offense not involving theft. Additionally, the bill provides that the defendant is strictly liable for the fiscal victimization. It is not a defense that the defendant did not know that the victim was a senior citizen or a person with a disability. It also is not a defense that the defendant believed that the victim was not a senior citizen or a person with a disability, even if the mistaken belief was reasonable. A "person with a disability" is defined in the bill as a person who by reason of a pre-existing medically determinable physical or mental impairment is substantially incapable of exercising normal physical or mental power of resistance, and includes, but is not limited to, a person determined disabled pursuant to the federal Social Security Act or any other governmental retirement or benefits program that uses substantially the same criteria for determining eligibility. The bill defines a "senior citizen" as a person 60 years of age or older.

AI Summary

This bill establishes a new crime called fiscal victimization specifically targeting senior citizens, defined as individuals 60 years or older, and persons with disabilities, meaning those with a medically determinable physical or mental impairment that significantly hinders their ability to resist. Under this law, a person can be found guilty of fiscal victimization if they commit, attempt to commit, conspire to commit, or threaten to commit theft or identity theft against a senior citizen or a person with a disability. This new crime is separate from the original theft or identity theft offense, and its severity is graded based on the underlying crime: it's a fourth-degree crime if the original offense was a disorderly persons or petty disorderly persons offense, and one degree higher than the original crime otherwise, with first-degree crimes resulting in fiscal victimization also being a first-degree crime, potentially carrying a sentence of 10 to 30 years imprisonment. Importantly, convictions for fiscal victimization and the underlying theft or identity theft offense will not merge, allowing for separate sentences, though the fiscal victimization charge will be dismissed if the underlying theft charge is dropped or reduced to something not involving theft. The bill also states that defendants are strictly liable for fiscal victimization, meaning it's no defense to claim they didn't know the victim was a senior citizen or disabled, or even that they reasonably believed they weren't.

Committee Categories

Justice

Sponsors (7)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/13/2026)
(3 Companion Bills)

bill text

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bill summary

Document Type Source Location
State Bill Page https://www.njleg.state.nj.us/bill-search/2026/S2494
BillText https://pub.njleg.gov/Bills/2026/S2500/2494_I1.HTM
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