Includes crime of creating false public alarms as form of bias intimidation.
Grades
Under this bill, the grading of bias intimidation remains dependent on the underlying crime's severity, with penalties ranging from fines to significant prison time, depending on the nature of the offense. For instance, if the underlying offense is a disorderly person’s offense, bias intimidation would be classified as a fourth-degree crime. In contrast, if it's tied to more serious crimes, the bias intimidation could grade one degree higher, which may include a lengthy prison sentence.
Impact
The proposed legislation modifies N.J.S.2C:16-1, which outlines the parameters of bias intimidation. The bill not only adds the crime of creating false public alarms under N.J.S.2C:33-3 to the list of bias-intimidating offenses but it also seeks to remove a previous constitutional ambiguity identified in the law related to the understanding of intent. This change could lead to stricter enforcement of penalties against those convicted under this new classification, impacting public safety considerations in the state.
Summary
S2674, introduced in February 2024, aims to amend New Jersey's criminal code by incorporating the crime of creating false public alarms as a form of bias intimidation. This bill expands the definition of bias intimidation, which previously focused on offenses against individuals based on various protected characteristics, including race, religion, and sexual orientation. Now, it will include those who perpetrate false public alarms, thereby recognizing the potential harm caused by such acts under the lens of bias motivation.
Contention
One significant aspect of the bill is the amendment's removal of a particular clause that was deemed unconstitutionally vague. Critics may argue that while the intention behind expanding bias intimidation is to enhance community safety, it may also result in overreach, punishing individuals for unintended consequences of their actions. The nuanced nature of defining bias in legal terms may lead to discussions about the balance between legislative intent and individual rights.
Expands crime of bias intimidation; establishes additional penalties for crimes of bias intimidation and harassment; establishes bias intimidation motivation damages.
Expands crime of bias intimidation; establishes additional penalties for crimes of bias intimidation and harassment; establishes bias intimidation motivation damages.
Eliminates provision in bias intimidation statute concerning victim's perception of defendant's purpose; replaces provision with language concerning a "reasonable" victim.
Eliminates provision in bias intimidation statute concerning victim's perception of defendant's purpose; replaces provision with language concerning a "reasonable" victim.
Eliminates provision in bias intimidation statute concerning victim's perception of defendant's purpose; replaces provision with language concerning a "reasonable" victim.
Eliminates provision in bias intimidation statute concerning victim's perception of defendant's purpose; replaces provision with language concerning a "reasonable" victim.