Bill Text: NJ A1778 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases penalties for luring a child and kidnapping.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Judiciary Committee [A1778 Detail]
Download: New_Jersey-2012-A1778-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman SCOTT RUDDER
District 8 (Atlantic, Burlington and Camden)
Co-Sponsored by:
Assemblyman Rumpf
SYNOPSIS
Increases penalties for luring a child and kidnapping.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning luring and kidnapping and amending N.J.S.2C:13-1 and P.L.1993, c.291.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:13-1 is amended to read as follows:
2C:13-1. Kidnapping. a. Holding for ransom, reward or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.
b. Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:
(1) To facilitate commission of any crime or flight thereafter;
(2) To inflict bodily injury on or to terrorize the victim or another;
(3) To interfere with the performance of any governmental or political function; or
(4) To permanently deprive a parent, guardian or other lawful custodian of custody of the victim.
c. Grading of kidnapping. (1) Except as provided in paragraph (2) of this subsection, kidnapping is a crime of the first degree and upon conviction thereof, a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 and 30 years. If the actor releases the victim unharmed and in a safe place prior to apprehension, it is a crime of the second degree and upon conviction thereof, a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 7 and 12 years.
(2) Kidnapping is a crime of the first degree and upon conviction thereof, an actor shall be sentenced to a term of imprisonment by the court, if the victim of the kidnapping is less than 16 years of age and if during the kidnapping:
(a) A crime under N.J.S.2C:14-2 or subsection a. of N.J.S.2C:14-3 is committed against the victim;
(b) A crime under subsection b. of N.J.S.2C:24-4 is committed against the victim; or
(c) The actor sells or delivers the victim to another person for pecuniary gain other than in circumstances which lead to the return of the victim to a parent, guardian or other person responsible for the general supervision of the victim.
Notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, the term of imprisonment imposed under this paragraph shall be either a term of 25 years during which the actor shall not be eligible for parole, or a specific term between 25 years and life imprisonment, of which the actor shall serve 25 years before being eligible for parole; provided, however, that the crime of kidnapping under this paragraph and underlying aggravating crimes listed in subparagraph (a), (b) or (c) of this paragraph shall merge for purposes of sentencing. If the actor is convicted of the criminal homicide of a victim of a kidnapping under the provisions of chapter 11, any sentence imposed under provisions of this paragraph shall be served consecutively to any sentence imposed pursuant to the provisions of chapter 11.
d. "Unlawful" removal or confinement. A removal or confinement is unlawful within the meaning of this section and of sections 2C:13-2 and 2C:13-3, if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of 14 or is incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.
e. It is an affirmative defense to a prosecution under paragraph (4) of subsection b. of this section, which must be proved by clear and convincing evidence, that:
(1) The actor reasonably believed that the action was necessary to preserve the victim from imminent danger to his welfare. However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a victim under his protection, give notice of the victim's location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Youth and Family Services in the Department of Children and Families;
(2) The actor reasonably believed that the taking or detaining of the victim was consented to by a parent, or by an authorized State agency; or
(3) The victim, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition by his parent and without purpose to commit a criminal offense with or against the victim.
f. It is an affirmative defense to a prosecution under paragraph (4) of subsection b. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:
(1) Gives notice of the victim's location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Youth and Family Services in the Department of Children and Families; or
(2) Commences an action affecting custody in an appropriate court.
g. As used in subsections e. and f. of this section, "parent" means a parent, guardian or other lawful custodian of a victim.
(cf: P.L.2006, c.47, s.24)
2. Section 1 of P.L.1993, c.291 (C.2C:13-6) is amended to read as follows:
1. Luring, enticing child by various means, attempts; crime of second degree; subsequent offense, mandatory imprisonment; definitions.
a. A person commits a crime of the second degree if he attempts, via electronic or any other means, to lure or entice a child or one who he reasonably believes to be a child into a motor vehicle, structure or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense with or against the child. A person convicted of an offense under this subsection shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of one-third to one-half of the sentence imposed, or three years, whichever is greater, during which time the defendant shall not be eligible for parole. If the person is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this subsection.
b. As used in this section:
"Child" means a person less than 18 years old.
"Electronic means" includes, but is not limited to, the Internet, which shall have the meaning set forth in N.J.S.2C:24-4.
"Structure" means any building, room, ship, vessel or airplane and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.
c. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for attempted kidnapping under the provisions of N.J.S.2C:13-1.
d. A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of one-third to one-half of the sentence imposed, or [three] five years, whichever is greater, during which time the defendant shall not be eligible for parole. If the person is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a minimum term of one-third to one-half of the sentence imposed, or [five] seven years, whichever is greater. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.
For the purposes of this section, an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to this section, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to this section.
e. A person convicted of an offense under this section who has previously been convicted of a violation of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of five years, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this section.
For the purposes of this subsection, an offense is considered a previous conviction of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 if the actor has at any time been convicted under any of these sections or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to any of these sections.
f. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of this section and any other criminal offense. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this section.
(cf: P.L.2007, c.273, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill would impose mandatory minimum terms of imprisonment on persons convicted of luring a child. The bill also authorizes the court to impose increased terms for persons convicted of kidnapping under certain circumstances.
Under current law, a person is guilty of luring "if he attempts, via electronic or any other means, to lure or entice a child or one who he reasonably believes to be a child into a motor vehicle, structure or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense with or against the child." Luring is a crime of the second degree, punishable by a term of imprisonment between five and 10 years and a fine of up to $200,000, or both. However, a person convicted of a second or subsequent offense of luring receives a mandatory minimum term of imprisonment of one-third to one-half of the sentence imposed, or three years, whichever is greater. There is no mandatory minimum term for a person convicted of a first offense of luring.
This bill would establish a mandatory minimum term for a first offense. Under the bill, a person convicted of a first offense of luring would be sentenced to a mandatory minimum term of imprisonment of one-third to one-half of the sentence imposed, or three years, whichever is greater. The bill also increases the mandatory minimum term for a person convicted of a second or subsequent offense, providing that it would be one-third to one-half of the sentence imposed, or five years, whichever is greater.
In addition, the bill increases the sentence for persons convicted of luring who are sentenced to an extended term pursuant to N.J.S.2C:43-7. Currently, there is no specific provision for an extended term for a person convicted of a first offense of luring; the statute provides that a person convicted of a second or subsequent offense of luring, if sentenced to an extended term, must be sentenced to a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater. The bill would increase this minimum term to seven years. The bill also provides that a person convicted of a first offense of luring who is sentenced to an extended term must be sentenced to a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater.
The bill also authorizes the court to impose increased terms for persons convicted of certain kidnappings. Under current law, kidnapping is generally a crime of the first degree and the court has discretion to sentence the defendant to an ordinary term of imprisonment between 15 and 30 years. The kidnapping statute provides that if the defendant released the victim unharmed and in a safe place prior to apprehension, kidnapping is a crime of the second degree. This bill would provide that a person convicted of second degree kidnapping may be sentenced to an ordinary term of imprisonment between 7 and 12 years.
