New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S2121

Introduced
1/9/24  

Caption

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

Impact

The primary intent behind Senate Bill S2121 is to address the growing concerns related to the misuse of electronic tracking devices in cases of domestic violence, sexual assault, and vehicle theft. The sponsor of the bill, Senator Holly T. Schepisi, argues that the misuse of such technology has significant detrimental effects on victims and the community as a whole. The bill aims to deter individuals from using tracking devices for nefarious purposes by establishing a clear legal framework that holds offenders accountable. If enacted, it would signal a legislative shift towards stricter scrutiny of emerging technologies and their potential misuse.

Summary

New Jersey Senate Bill S2121 proposes the creation of a new offense specifically aimed at the unauthorized use of tracking devices, particularly for unlawful purposes. The bill defines an unlawful act as any intent to track a vehicle using devices such as Global Positioning Satellite (GPS) systems. If enacted, this would categorize such tracking as a crime of the fourth degree, which typically carries a punishment of up to 18 months imprisonment and a fine of up to $10,000. However, the bill seeks to impose enhanced penalties under specific provisions referenced in New Jersey Statute 2C:43-7, which calls for an extended term of imprisonment for those convicted of this crime, elevating the potential maximum sentence to five years.

Contention

Notably, discussions surrounding S2121 may reveal contentions regarding the balance between privacy rights and protecting individuals from harm. Some might argue that imposing stringent penalties could lead to potential overreach or misapplication of the law, particularly concerning the rights of individuals to use technology for legitimate purposes. As debates continue, it is crucial to consider real-world implications, including the potential chilling effect on general usage of tracking devices, which can serve both lawful and unlawful ends.

Companion Bills

NJ A1540

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

NJ A4139

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

NJ S2823

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

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