Sponsored by:
Assemblyman REGINALD W. ATKINS
District 20 (Union)
SYNOPSIS
Upgrades fictitious reporting from crime of fourth degree to crime of third degree.
CURRENT VERSION OF TEXT
As introduced.
An Act upgrading fictitious reporting to a crime of the third degree 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 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 crime of the [fourth] third degree if [he] the person:
(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: P.L.2015, c.175, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill upgrades fictitious reporting from a crime of the fourth degree to a crime of the third degree. A crime of the fourth degree carries a penalty of up to 18 months imprisonment, and a fine of up to $10,000. A crime of the third degree carries a penalty of three to five years imprisonment, and a fine of up to $15,000.
Fictitious reporting was upgraded from a disorderly persons offense to a crime of the fourth degree in 2015, and this bill is a further upgrading of the penalty.
Upgrading this crime to a crime of the third degree would bring the penalty for fictitious reporting in line with the penalties for similar crimes such as falsely incriminating another, false public alarm, and perjury, all of which are ordinarily crimes of the third degree.