Includes crime of creating false public alarms as form of bias intimidation.

A2052

ASSEMBLY, No. 2052

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

SYNOPSIS

���� Includes crime of creating false public alarms as
form of bias intimidation.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning false public alarms and 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:33-3;
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

���� (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
]

.

���� (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 (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.
]

Deleted by amendment, P.L.���� , c.�� ) (pending before the Legislature as
this bill)

���� 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.

���� 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.

(cf: P.L.2020, c.73, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill expands the list of
crimes that are a form of bias intimidation to include the crime of creating a
false public alarm under N.J.S.2C:33-3.�

���� Under current law, 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
certain offenses, which include terroristic threats, assault, murder, arson,
harassment, and certain weapons offenses, 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.

����
The bill also removes paragraph (3) of subsection a. of
N.J.S.2C:16-1 from the statute.� In
State

v
.
Pomianek
, 221

N.J.
66 (2015), the New Jersey Supreme Court held that the provision was
unconstitutionally vague and violates due process because, rather than focusing
on the defendant�s state of mind, the law focuses on the victim�s perception of
the defendant�s state of mind.���

���� Depending upon the
circumstances, the crime of creating a false public alarm can range from a
fourth degree to a first degree crime.

Bias intimidation is a crime of the
fourth degree if the underlying offense is a disorderly persons offense or
petty disorderly persons offense.� Otherwise, bias intimidation is a crime
graded one degree higher than the most serious underlying crime, except in
cases in which the underlying crime is of the first degree.� A crime of the
fourth degree is typically punishable by a term of up to 18 months
imprisonment, a fine up to $10,000, or both.� A crime of the first degree is
typically punishable by a term of 10 to 20 years imprisonment, a fine of up to
$200,000, or both. �A conviction for bias intimidation as a first-degree crime
may, notwithstanding the provisions of paragraph (1) of subsection a. of
N.J.S.2C:43-6, be an ordinary term of imprisonment between 15 years and 30
years, with a presumptive term of 20 years.