Clarifies that encouraging another person to cause bodily injury, by filming, photographing, or otherwise recording injury-causing act, is form of crime of endangering injured victim.
If enacted, the bill would classify the act of encouraging another to cause bodily injury, while filming or recording, as a crime of the third degree. This classification imposes serious penalties, including a potential prison sentence of three to five years and a fine of up to $15,000. Such provisions aim to deter individuals from passively witnessing violence and profiting from such horrific acts instead of intervening or aiding the victims.
Assembly Bill A3746 seeks to amend the current New Jersey law regarding the endangerment of an injured victim by explicitly addressing the act of encouraging another person to cause bodily injury through the act of filming, photographing, or recording an incident. The bill recognizes that in some recent incidents, bystanders have recorded violent assaults without assisting the victims or seeking medical help, leading to a legal and moral imperative to address this behavior.
One significant point of contention surrounding A3746 concerns whether the new language adequately balances the need for public safety and accountability with potential challenges in enforcement. Critics may argue that the language defining what constitutes 'encouragement' could be misinterpreted or misapplied, raising concerns over the freedom of individuals to film public incidents without being subjected to criminal liability.
The bill includes an affirmative defense for those accused under its provisions, stating that if the defendant summoned medical help or aided the victim, it would negate the prosecution. This clause aims to encourage bystanders to seek assistance for victims rather than face legal repercussions, highlighting the bill’s intent to promote protective behavior in emergency situations.