New Jersey Senate Bill S3535

New Jersey 2022-2023 Regular Session

• Introduced: 1/30/23
• Refer: 1/30/23

Caption

Upgrades offense of criminal mischief if person interrupts or impairs power supply.

Impact

The implications of S3535 include more stringent penalties for those who interfere with the power supply, reflecting a heightened concern for public safety and the integrity of critical infrastructure. A second degree crime under this bill carries more severe penalties, including a potential prison sentence of five to ten years and fines up to $150,000. This change aims to deter acts that compromise public services and ensure that offenders are held accountable for serious disruptions to essential utilities.

Summary

Senate Bill S3535 proposes an amendment to the existing law concerning criminal mischief in New Jersey, specifically regarding offenses that result in the interruption or impairment of power supply. The bill upgrades the classification of such offenses, stating that if a person purposely or knowingly causes a substantial interruption to the supply of power, it will be classified as a second degree crime. This is a significant amendment from the current classification, which ascribes criminal mischief as a third degree offense under less severe circumstances.

Contention

While supporters argue that this amendment will protect essential infrastructures such as power supply from malicious acts, there may be concerns regarding the breadth of the law and the possibility of overly harsh penalties for actions that may not have serious malicious intent. Critics could argue that the classification as a second degree crime might lead to excessive sentencing for individuals whose actions result in inadvertent harm, questioning the proportionality of the law. Additionally, the definitions of what constitutes a ‘substantial interruption’ may lead to varied interpretations in the legal system, potentially creating challenges for enforcement and prosecution.