Bill Text: NJ A305 | 2020-2021 | Regular Session | Introduced
Bill Title: Enhances penalties for false incrimination and making fictitious reports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Law and Public Safety Committee [A305 Detail]
Download: New_Jersey-2020-A305-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
Enhances penalties for false incrimination and making fictitious reports.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning false incrimination and fictitious reports and amending N.J.S.2C:28-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:28-4 is amended to read as follows:
2C:28-4. a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the [fourth] third degree, except the offense is a crime of the second degree if the false information which the actor gave or caused to be given would implicate the person in a crime of the first or second degree.
For the purposes of this subsection, knowledge of the grade of the crime about which the defendant gave false information is not an element of the offense and it shall not be a defense that the defendant did not know of the grade of the crime.
b. Fictitious reports. A person commits a [disorderly persons offense] crime of the fourth degree if he:
(1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or
(2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.
(cf: N.J.S.2C:28-4)
2. This act shall take effect immediately.
STATEMENT
This bill enhances the penalties for falsely incriminating another person in criminal activity.
Under current law, a person who knowingly gives or causes to be given false information to a law enforcement officer in order to implicate another commits false incrimination, a crime of the fourth degree. Fourth degree crimes are punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The bill upgrades false incrimination to a crime of the third degree, or a crime of the second degree if the victim was implicated in a crime of the first or second degree. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A crime of the second degree is punishable by five to 10 years in prison, a fine of up to $150,000, or both.
Current law also provides that a person commits a disorderly persons offense if he reports to law enforcement authorities an offense or other incident that did not occur, or pretends to furnish the authorities with information relating to an arrest or incident for which he has no information. Making fictitious reports is a disorderly persons offense, which is punishable by imprisonment for up to six months, a fine of up to $1,000, or both. The bill upgrades making fictitious reports to a crime of the fourth degree.
This bill also provides that the prosecution is not required to prove as an element of the crime that the defendant knew the degree of the crime for which the implicating false information was given.
