Bill > A3162

Introduced Session

This bill would establish the new crimes of dog fighting and leader of a dog fighting network. Currently, N.J.S.A.4:22-24 prohibits animal fighting in general. This bill would also add the crime of leader of a dog fighting network to the list of offenses considered "racketeering activity" under New Jerseys anti-racketeering law (RICO). A person would be guilty of dog fighting if he knowingly: (1) keeps, uses, or is connected with or interested in the management of, or receives money for the admission of a person to, a place kept or used for the purpose of fighting or baiting an dog; (2) owns, possesses, keeps, trains, promotes, purchases, breeds or sells a dog for the purpose of fighting or baiting that dog; (3) for amusement or gain, causes, allows, or permits the fighting or baiting of a dog; (4) permits or suffers a place owned or controlled by that person to be used for the purpose of fighting or baiting a dog; (5) is present and witnesses, pays admission to, encourages or assists in the fighting or baiting of a dog; or (6) gambles on the outcome of a fight involving a dog. Dog fighting would be a crime of the third degree. A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine of up to $15,000, or both. This bill would also require the court to order the seizure and forfeiture of any dogs used for dog fighting or baiting. The bill would also permit, in certain circumstances, the court to seize other animals or property in the persons possession, and prohibit the person from possessing animals in the future. A person would be guilty of leader of a dog fighting network offense if he conspires with others in a scheme or course of conduct to unlawfully engage in dog fighting as an organizer, supervisor, financier or manager of at least one other person. "Financier" would mean a person who, with the intent to derive a profit, provides money or credit or other thing of value in order to finance the operations of dog fighting. Leader of a dog fighting network would be a crime of the second degree. A crime of the second degree is punishable by a term of imprisonment of five to ten years or a fine of up to $150,000, or both. Under this bill "bait" would mean to attack with violence, to provoke, or to harass a dog with one or more dogs for the purpose of training the dog for, or to cause a dog to engage in, a fight with or among other dogs. The bill would also amend R.S.4:22-24, the statute concerning animal fighting in general, to include a similar definition of "bait" applicable to all animal baiting. This definition would be added to provide consistency in the statutes. The bill also provides that, notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of a dog fighting network would not merge with the conviction for any offense which is the object of the conspiracy. The bill further provides that it would not be a defense to a prosecution under this bill that the dog intended to be used for fighting was brought into or transported in this State solely for ultimate distribution or sale in another jurisdiction; nor would it be a defense that any profit was intended to be made in another jurisdiction. Adding leader of a dog fighting network to the list of predicate offenses triggering the States anti-racketeering law targets the leaders of organizations that unlawfully breed, train, or sell dogs intended to be used for dog fighting.

AI Summary

Committee Categories

Reed Gusciora (D)*,  Gordon Johnson (D)*,  Nancy Muñoz (R)*,  Peter Biondi (R),  Jon Bramnick (R),  Caroline Casagrande (R),  Herbert Conaway (D),  Craig Coughlin (D),  Domenick DiCicco (R),  Patrick Diegnan (D),  Thomas Giblin (D),  Jim Holzapfel (R),  Mila Jasey (D),  Charles Mainor (D),  Matthew Milam (D),  Declan O'Scanlon (R),  Vincent Prieto (D),  Joan Quigley (D),  Annette Quijano (D),  David Rible (R),  Caridad Rodriguez (D),  Scott Rumana (R),  Robert Schroeder (R),  L. Grace Spencer (D),  Cleopatra Tucker (D),  Charlotte Vandervalk (R),  Joan Voss (D),  Connie Wagner (D),  David Wolfe (R), 

Introduced, Referred to Assembly Judiciary Committee (on 09/16/2010)