Bill > S1859

Introduced Session

This bill upgrades domestic violence-related assault under certain circumstances. P.L.2015, c.98 made it aggravated assault, a crime of the third degree, to attempt to cause or to cause significant bodily injury to a person who, with respect to the actor, meets the definition of a "victim of domestic violence" pursuant to the law. In addition, the enactment eliminated the presumption of non-imprisonment for these assaults. This bill specifically upgrades assault committed in the course of violating a domestic violence restraining order. The bill provides for a gradation scheme which would take into account the infliction of serious bodily injury or bodily injury in the course of the restraining order violation. The penalties range from a crime of the fourth degree to a crime of the first degree, depending on the circumstances: · It would be a crime of the first degree if a person commits an aggravated assault by attempting to cause serious bodily injury to another or causing such injury purposely or knowingly or under extreme indifference to the value of human life recklessly causing such injury. (Subparagraph (a) of paragraph (14) of subsection b.)· It would be a crime of the second degree if a person commits an aggravated assault by attempting to cause or purposely or knowingly causing bodily injury to another with a deadly weapon. (Subparagraph (b) of paragraph (14) of subsection b.)· It would be a crime of the third degree (but the presumption of non-imprisonment would not apply) if a person recklessly causes bodily injury to another with a deadly weapon or if the person knowingly, under circumstances manifesting extreme indifference to the value of human life, points a firearm at or in the direction of another, whether or not the actor believes it to be loaded. (Subparagraph (c) of paragraph (14) of subsection b.)· It would be a crime of the fourth degree (but the presumption of non-imprisonment would not apply) if the person commits a simple assault. A person is guilty of simple assault if he attempts to cause or purposely or knowingly causes bodily injury to another, or negligently causes bodily injury to another with a deadly weapon, or attempts by physical menace to put another in fear of imminent serious bodily injury. (Subparagraph (d) of paragraph (14) of subsection b.) A crime of the first degree is punishable by a term of imprisonment of 10-20 years, a fine of up to $200,000, or both. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine up to $150,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

AI Summary

Committee Categories

Latham Tiver (R)*, 

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

Official Document