TRENTON, NJ – New legislation has been passed in New Jersey expanding the state’s bias intimidation crimes to include the act of creating a false public alarm. Previously, the law covered offenses such as terroristic threats, assault, and murder, specifically targeting actions intended to intimidate based on race, religion, gender, and other protected characteristics.
The inclusion of false public alarms under N.J.S.2C:33-3 aims to address scenarios where such acts are used to stoke fear or hostility against particular groups. This adjustment follows the removal of a problematic provision that was struck down by the New Jersey Supreme Court in 2015 due to its vague nature and the issues it posed concerning due process.
In the legal framework of New Jersey, bias intimidation is considered a fourth-degree crime when linked to lesser offenses. However, it escalates to a degree higher than the most serious underlying crime committed, except when the primary offense is already a first-degree crime.
Penalties for committing bias intimidation can vary significantly. A fourth-degree offense may result in up to 18 months in prison and fines up to $10,000. In more severe cases, where the bias intimidation is classified as a first-degree crime, offenders face 10 to 20 years in prison and fines as high as $200,000.
Furthermore, under certain conditions, sentencing for a first-degree bias intimidation crime could lead to imprisonment for 15 to 30 years, deviating from standard penalties to emphasize the severity of the crime.
