TRENTON, N.J. — A new New Jersey law signed by Gov. Mikie Sherrill establishes the crime of “interference with reproductive health care services,” creating criminal and civil penalties for conduct that intentionally prevents or intimidates people seeking or providing reproductive health care.
Governor Mikie Sherrill and co-signers of the bill say the legislation strengthens protections for patients and providers, while opponents argue portions of the law are overly broad and could affect peaceful demonstrations and other First Amendment-protected activities outside abortion facilities.
What the new law does
The legislation makes it a crime for a person to knowingly or purposely interfere with reproductive health care services through specific prohibited conduct.
According to the Senate Health, Human Services and Senior Citizens Committee statement, the law applies to individuals who:
- Inflict or attempt to inflict bodily injury to restrict access to reproductive health care.
- Physically obstruct someone from entering or leaving a reproductive health care facility.
- Intimidate, threaten or coerce patients, providers, volunteers or assistants.
- Damage or attempt to damage property connected to reproductive health care services.
- Engage in conduct intended to cause financial harm, reputational damage or emotional distress to protected individuals.
Criminal and civil penalties
The new offense is generally classified as a fourth-degree crime, punishable by up to 18 months in prison and a fine of up to $10,000.
Penalties increase if bodily injury occurs. Third-degree offenses carry potential prison terms of three to five years, while second-degree offenses involving significant or serious bodily injury can result in five to 10 years in prison.
The law also allows victims to file civil lawsuits seeking injunctions, compensatory damages, punitive damages, attorney’s fees and other equitable relief. The New Jersey Attorney General may also pursue civil penalties of up to $10,000 for a first violation and up to $25,000 for subsequent violations.
- Creates a new criminal offense for interference with reproductive health care services.
- Authorizes private civil lawsuits and Attorney General enforcement actions.
- Expands legal protections for providers, patients and reproductive health information.
Concerns raised by opponents
Some pro-life organizations, including New Jersey Right to Life, have criticized the legislation, arguing that terms such as “intimidate” and “interfere” could be interpreted broadly.
Critics contend the language could expose individuals engaged in peaceful sidewalk counseling, demonstrations or prayer outside abortion facilities to criminal prosecution, depending on how the law is interpreted and enforced.
The committee statement itself does not specifically mention prayer or peaceful protest. Instead, it defines prohibited conduct using standards that include physical obstruction, threats, coercion, property damage and conduct intended to intimidate or unlawfully restrict access to reproductive health care.
Additional protections
Beyond creating the new criminal offense, the legislation expands New Jersey’s existing protections for reproductive health care activity.
The law limits cooperation with out-of-state investigations involving reproductive health care that is legal in New Jersey, strengthens confidentiality protections for patient information, restricts extradition in certain circumstances and limits the ability of state agencies to assist investigations initiated by jurisdictions where reproductive health care may be restricted.
Will peaceful prayer outside an abortion clinic automatically become illegal?
The committee statement does not say that peaceful prayer is automatically prohibited. It establishes criminal penalties for specific conduct, including intimidation, physical obstruction, threats and other actions defined in the statute. However, the wording of the definitions, some say, is vague.
What penalties does the law create?
Depending on the offense and resulting injuries, violations range from fourth-degree crimes punishable by up to 18 months in prison to second-degree crimes carrying five to 10 years in prison, along with potential fines and civil liability.
Does the law only address criminal cases?
No. It also authorizes civil lawsuits by affected individuals and enforcement actions by the New Jersey Attorney General, including injunctive relief and civil penalties.
Sources: New Jersey Legislature https://www.njleg.state.nj.us • Senate Health, Human Services and Senior Citizens Committee Statement on Senate Committee Substitute for S-2260 https://www.njleg.state.nj.us
