Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
Revises law concerning bias intimidation to include members of press or media in protected classes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bias intimidation and amending N.J.S.2C:16-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:16-1 is amended to read as follows:
2C:16-1. Bias Intimidation.
a. Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:28-4; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-5,
(1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity or employment as a member of the press or media; or
(2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity or employment as a member of the press or media; or
(3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity or employment as a member of the press or media, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity or employment as a member of the press or media.
b. Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity or employment as a member of the press or media.
c. Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof 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 years and 30 years, with a presumptive term of 20 years.
d. Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.
e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense.
f. Additional Penalties. In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person convicted of bias intimidation to one or more of the following:
(1) complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights;
(2) complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; and
(3) make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation.
g. As used in this section "gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.
h. It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim.
As used in this section "member of the press or media" means an accredited member of the press corps or media; a photographer or photojournalist employed by a newspaper, magazine, or other media company; or an individual operating equipment to facilitate the delivery of news or media.
(cf: P.L. 2020, c.73, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill amends N.J.S.A.2C:16-1, the crime of bias intimidation, to specifically provide that "members of the press or media" are within the protected classes set forth in the statute. Current law enumerates the protected classes of "race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, ethnicity." Under the provisions of this section, a person may be guilty of the crime of bias intimidation if he commits, attempts, conspires, or threatens the immediate commission of certain specified offenses with a purpose to intimidate an individual or group because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity or knowing that the conduct would cause an individual or group to be intimidated on that basis or under circumstances in which the victim believes he was targeted on that basis. The bill provides that "member of the press or media" means an accredited member of the press corps or media; a photographer or photojournalist employed by a newspaper, magazine, or other media company; or an individual operating equipment to facilitate the delivery of news or media.
This bill is modeled after legislation recently introduced in Florida concerning offenses against members of the press.