New Jersey Assembly Bill A4139

New Jersey 2022-2023 Regular Session

• Introduced: 6/2/22
• Refer: 6/2/22

Caption

Creates offense of tracking for unlawful purpose; imposes enhanced penalties.

Impact

The introduction of A4139 reflects growing concerns regarding the misuse of tracking technology, particularly its correlation with acts of domestic violence, sexual assault, and vehicle theft. By categorically criminalizing the use of tracking devices for unlawful purposes, the bill positions itself as a proactive measure designed to deter motivated individuals from utilizing technology to invade the privacy of others or commit crimes. Law enforcement agencies are expected to find the enhanced penalties a critical tool in prosecutions related to such offenses, as they resonate with the broader legal framework aiming to protect victims of tracking abuse.

Summary

Assembly Bill A4139 creates a new criminal offense focused on tracking a vehicle with the intention to commit an unlawful act using location tracking devices such as Global Positioning Satellite (GPS). Under this legislation, such an action would be classified as a fourth-degree crime, ordinarily punishable by up to 18 months imprisonment, a substantial fine, or both. However, the bill imposes heightened penalties by mandating that these offenses be sentenced under existing law that provides for extended terms of imprisonment. Specifically, a conviction for this new crime carries a minimum sentence of five years, thereby increasing the legal repercussions for such actions significantly.

Contention

While supporters argue that this bill is necessary to address the misuse of rapidly advancing technology, some critics may raise concerns regarding potential overreach or unintended consequences of criminalizing tracking device usage. They might question the definition of 'unlawful purpose' and whether the bill could lead to broader interpretations that might inadvertently penalize innocent actions. There may also be discussions around the need for balanced safeguards that protect individual privacy rights while allowing legitimate use of tracking devices, leading to a discourse on how such legislation can be effectively implemented without infringing on civil liberties.