Bill > A2011

Introduced Session

This bill provides that using an animal to commit an assault would constitute the crime of assault with a deadly weapon. In addition, the bill grants immunity from civil liability to law enforcement agencies for injuries caused by a police dog used as a deadly weapon during the performance of official law enforcement duties. Currently, N.J.S.2C:11-1 defines "deadly weapon" as "any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury." Under the bill, this definition is expanded to include an animal. Under the assault statute, set forth in N.J.S.2C:12-1, a person who negligently causes bodily injury to another with a deadly weapon is guilty of simple assault, a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. A person who recklessly causes bodily injury with a deadly weapon is guilty of fourth degree aggravated assault. A person who attempts to cause, or purposely or knowingly causes, bodily injury with a deadly weapon is guilty of third degree aggravated assault. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both; a petty disorderly persons offense, by a term of imprisonment of up to 30 days, a fine of up to $500, 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; a crime of the third degree, by a term of imprisonment of three to five years, a fine up to $15,000, or both.

AI Summary

Committee Categories

John Burzichelli (D)*,  Jerry Green (D)*,  Herbert Conaway (D),  Patrick Diegnan (D),  Reed Gusciora (D), 

Introduced, Referred to Assembly Law and Public Safety Committee (on 01/27/2016)