New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A782

Introduced
1/9/24  

Caption

Provides that crimes committed outside the State under certain circumstances may be prosecuted in New Jersey.

Impact

The proposed amendments to existing statutes, including N.J.S.2C:14-2 regarding sexual assault and N.J.S.2C:24-4 concerning child welfare, would significantly change how jurisdiction is determined for these offenses. The bill asserts that the status of a defendant as a caretaker, educator, or similar role can constitute grounds for jurisdiction, thus enabling prosecutions that otherwise would not have been possible under current laws. This change aims to hold individuals accountable regardless of the location of their crimes, which is particularly relevant in cases involving students or minors traveling abroad.

Summary

Assembly Bill A782 aims to expand the jurisdiction of New Jersey courts to prosecute certain criminal offenses committed outside the state. This follows a precedent set by a New Jersey Supreme Court ruling, where charges against school employees for unlawful conduct with students abroad were dismissed on jurisdictional grounds. The bill specifically addresses crimes such as sexual assault and endangering the welfare of a child, allowing New Jersey to assert legal authority over cases where the defendant has assumed supervisory or disciplinary power over the victim, even if the offense occurred outside state borders.

Contention

While proponents of A782 argue that the bill is a necessary step to protect children and ensure accountability, there may be concerns regarding the implications of prosecuting individuals for actions taken outside of New Jersey. Critics might argue about the fairness of such laws, particularly regarding the challenges of gathering evidence and securing fair trials for defendants accused of crimes committed in foreign jurisdictions. The expansion of state power to prosecute out-of-state conduct also raises questions about the limits of state jurisdiction and the potential for overreach.

Notable-points

A782 reflects a broader trend in legislative efforts to enhance child protection laws and emphasize accountability for individuals in positions of trust. By redefining jurisdictional parameters, the bill could set a precedent for other states considering similar measures. Furthermore, its immediate effectiveness upon passing could lead to swift changes in how certain cases are handled within New Jersey courts.

Companion Bills

NJ A2172

Carry Over Provides that crimes committed outside the State under certain circumstances may be prosecuted in New Jersey.

Similar Bills

NJ A2172

Provides that crimes committed outside the State under certain circumstances may be prosecuted in New Jersey.

NJ S2673

Provides for jurisdiction for prosecution for certain crimes against minors committed outside New Jersey.

NJ A1000

Provides that unlawful use, manufacture, or distribution of controlled dangerous substance by parent or caregiver in presence of child constitutes crime of endangering welfare of that child.

NJ A2121

Provides that unlawful use, manufacture, or distribution of controlled dangerous substance by parent or caregiver in presence of child constitutes crime of endangering welfare of that child.

NJ A2947

Clarifies that permitting sexual abusers to reside with a child constitutes endangering welfare of a child.

NJ A1022

Clarifies that permitting sexual abusers to reside with a child constitutes endangering welfare of a child.

NJ A4643

Creates penalty for child endangerment via use of social media.

NJ S976

Prohibits deepfake pornography and imposes criminal and civil penalties for non-consensual disclosure.