Assembly Republicans Gerry Scharfenberger and Victoria Flynn are sponsoring legislation that would create criminal penalties for financing riots and violent disorderly conduct, targeting people who bankroll criminal activity connected to demonstrations.

TRENTON, NJ — Two New Jersey lawmakers are moving to put criminal liability not only on people who participate in riots and violent disorder, but also on those who finance the activity behind them.

Assemblyman Gerry Scharfenberger and Assemblywoman Victoria Flynn, both Republicans representing Monmouth County’s 13th Legislative District, are the primary sponsors of Assembly Bill A5555, titled the “Conspiracy to Fund Criminal Activities Act.”

The Legislature’s official synopsis says the measure would create penalties for the “financing of riots and violent disorderly conduct.” The exact details have not been published yet.

Paid protesters would not automatically be criminals

The use of paid demonstrators is itself not inherently illegal.

Political organizations, advocacy groups, unions and campaigns can spend money organizing rallies, transporting participants, hiring staff or contractors and conducting demonstrations protected by the First Amendment. However, if that protest gets violent or is intendend to incite a riot, organizers could be held criminally liable.

The legal issue would instead become whether money or other support was knowingly connected to criminal acts covered by the proposed law.

Scharfenberger and Flynn represent Monmouth County

Scharfenberger and Flynn represent the 13th Legislative District, which covers portions of northern and coastal Monmouth County, including Middletown, Holmdel, Hazlet, Marlboro, Aberdeen, Keyport and several Bayshore communities.