New Jersey Senate Bill S581

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Establishes offense of reckless trespass involving wild animals; establishes penalties; establishes liability for resulting harm to wild animal.

Impact

The implementation of S581 will lead to significant changes in how offenses related to trespassing around wild animals are classified and penalized. The bill categorizes the offense of reckless trespass into three tiers: a disorderly persons offense when no harm occurs to the animal, a fourth-degree crime for causing injury, and a third-degree crime when an animal is killed. Importantly, those convicted may also incur additional liabilities, including restitution for damages related to any injury or death of the wild animal, which reflects a growing trend in animal welfare legislation.

Summary

Bill S581 proposes to establish an offense known as 'reckless trespass involving a wild animal', aimed at protecting wild animals from reckless behaviors of individuals who enter areas where these animals are kept, such as cages or enclosures. The bill defines 'wild animal' broadly to include any land or sea animal historically or currently found in the wild, excluding domestic companion animals and livestock. This law aims to deter irresponsible and potentially harmful interactions between humans and wild animals in captivity, ensuring that such animals can be kept safe from unnecessary harassment and harm.

Contention

While supporters of the bill argue that it enhances animal protection and sets clear legal boundaries for human interactions with wild animals, some critics may express concerns about potential overreach and practical enforceability of the law. There might be questions regarding how authorities will determine 'recklessness' and whether this may inadvertently affect individuals attempting to assist injured animals or engage with them positively. Furthermore, implications of liability for juvenile offenders and their guardians are also topics of discussion that might need more clarity and consideration.