Bill > A3107

Introduced Session

This bill clarifies that a "knockout game" assault, which is an assault by a person attempting to cause or causing another to lose consciousness by a single punch, kick, or other singular striking motion for the sole purpose of bringing about the loss of consciousness, would be graded as a third-degree aggravated assault. Third-degree aggravated assault could be punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. Causing a person to lose consciousness represents a "significant bodily injury" to that person, see N.J.S.2C:11-1, and attempting or causing such injury is already subject to prosecution as a third-degree aggravated assault. However, by separately defining a "knockout game" assault within the broader third-degree aggravated assault provisions, the bill is then able to establish a separate, more significant term of imprisonment specifically for such an act. Thus, under the bill, while generally a third-degree aggravated assault would continue to carry with it a presumption of non-imprisonment, see N.J.S.2C:44-1, subsection e., a person who committed a "knockout game" assault would be subject to a mandatory minimum term of imprisonment of one-third to one-half of the three to five year sentence imposed, during which time the person would not be eligible for parole.

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Ronald Dancer (R)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 02/22/2016)