Creates "Punishing Rioters and Protecting Communities Act," broadens riot; enhances penalties certain riot-related criminal penalties; creates crimes of mob intimidation and cyber-intimidation by publication; establishes duty in municipality to permit law enforcement to respond appropriately.

A4363

ASSEMBLY, No. 4363

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblyman Scharfenberger

SYNOPSIS

���� Creates �Punishing Rioters and Protecting Communities
Act,� broadens riot; enhances penalties certain riot-related criminal
penalties; creates crimes of mob intimidation and cyber-intimidation by
publication; establishes duty in municipality to permit law enforcement to
respond appropriately.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning riot and amending and supplementing various
sections of law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� This act shall be known as
may be cited as
the �Punishing Rioters and
Protecting Communities Act.�

���� 2.� N.J.S.2C:33-1 is amended
to read as follows:

���� 2C:33-1.� a. Riot.� A person
[
is guilty of
]

commits

riot if the person participates
[
with
four or more other persons in a course of
]

in a violent public disturbance involving an assembly of three or more
persons, acting with a common intent to assist each other in violent and

disorderly conduct
[
as
defined in subsection a. of N.J.S.2C:33-2
]

resulting in
:

���� (1)
[
With purpose to commit or
facilitate the commission of a crime
]
Injury
to another person
;

���� (2)
[
With purpose to prevent or coerce
official action
]

Damage to property
]
;
or

���� (3)
[
When he or any other participant,
known to him, uses or plans to use a firearm or other deadly weapon
]

Imminent
danger of injury to another person or damage to property
.

����
[
Riot if committed under
circumstances set forth in paragraph (3)
]

A person who commits riot when he or any other participant, known to him
uses or plans to use a firearm or other deadly weapon
is
guilty of
a
crime of the third degree.� Otherwise riot is a crime of the fourth degree.

����
b.��� A person commits aggravated
riot if, in the course of committing a riot, he:

����
(1)� Participates with 25
or more other persons;

����
(2)� Causes serious bodily
injury to a person not participating in the riot;

����
(3)� Causes property damage
in excess of $5,000;

����
(4)� Displays, uses,
threatens to use, or attempts to use a deadly weapon; or

����
(5)� By force, or threat of
force, endangers the safe movement of a vehicle traveling on a public street,
highway, or road.

����
A person who commits
aggravating riot is guilty of a crime of the second degree.

����
c.��� A person commits inciting
a riot if he willfully incites another person to participate in a riot,
resulting in a riot or imminent danger of a riot. A person who commits inciting
a riot is guilty of a crime of the third degree.

����
d.��� A person commits aggravated
inciting a riot if he:

����
(1)� Incites a riot
resulting in serious bodily harm to another person not participating in the
riot;

����
(2)� Incites a riot
resulting in property damage in excess of $5,000; or

����
(3)� Supplies a deadly
weapon to another person or teaches another person to prepare a deadly weapon
with intent that the deadly weapon be used in a riot for an unlawful purpose.

����
A person who commits
aggravated inciting a riot is guilty of a crime of the second degree.

����
A person arrested for a
violation of subsection a. through d. of this section shall be held in custody until
brought before the court for a pretrial detention hearing.

����
Subsection a. through
subsection d. of this section shall not be construed to prohibit
constitutionally protected activity such as a peaceful protest.

����
[
b.
]

e.
������� Failure of
disorderly persons to disperse upon official order. Where five or more persons
are participating in a course of disorderly conduct as defined in subsection a.
of N.J.S.2C:33-2 likely to cause substantial harm, a peace officer or other
public servant engaged in executing or enforcing the law may order the
participants and others in the immediate vicinity to disperse.� A person who
refuses or knowingly fails to obey such an order commits a disorderly persons
offense.

����
[
c.
]

f.
�������� Public Brawl.�
A person is guilty of inciting a public brawl if:

���� (1) the person acts with
purpose to incite a group of four or more other persons imminently to engage in
a course of disorderly conduct as defined in subsections a. or d. of
N.J.S.2C:33-2 or acts with purpose to produce such imminent course of
disorderly conduct by a group of four or more persons; and

���� (2) the person's actions are
likely to incite or produce such imminent course of disorderly conduct by a
group of four or more persons.

���� Inciting a public brawl is a
crime of the fourth degree if the person acts with purpose to incite or produce
the course of disorderly conduct defined in subsection a. of N.J.S.2C:33-2;
otherwise, it is a disorderly persons offense. Notwithstanding the provisions
of N.J.S.2C:1-8, a conviction of inciting a public brawl shall not merge with
the offense of riot pursuant to subsection a. of this section or disorderly
conduct pursuant to subsections a. or d. of N.J.S.2C:33-2.

(cf: P.L. 2025, c.59, s.1)

���� 3.� N.J.S. 2C:33-7 is amended
to read as follows:

���� 2C:33-7.� a.�
[
A
]

It shall
be unlawful for a
person,
[
who,
]
having no
legal privilege to do so,
to
purposely or recklessly
[
obstructs
]

obstruct

any highway or other public passage whether alone or with others
[
, commits a
petty disorderly persons offense
]
.�
"Obstructs" means renders impassable without unreasonable
inconvenience or hazard
and shall include standing on or remaining in the
street, highway, or road
.� No person shall be deemed
[
guilty of
recklessly obstructing
]

in violation of this subsection solely because of a gathering of persons to
hear him speak or otherwise communicate, or solely because of being a member of
such a gathering.

���� b.��� A person in a gathering
commits a petty disorderly persons offense if he refuses to obey a reasonable
official request or order to move:

���� (1)� To prevent obstruction of
a highway or other public passage; or

���� (2)� To maintain public safety
by dispersing those gathered in dangerous proximity to a fire or other hazard.

���� An order to move, addressed to
a person whose speech or other lawful behavior attracts an obstructing
audience, shall not be deemed reasonable if the obstruction can be readily
remedied by police control of the size or location of the gathering.

(cf: P.L.1978, c.95, s.2C:33-7)

���� 4.� N.J.S.2C:12-1 is amended
to read as follows:

���� 2C:12-1.� Assault. a. Simple
assault.� A person is guilty of assault if the person:

���� (1)� Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another; or

���� (2)� Negligently causes bodily
injury to another with a deadly weapon; or

���� (3)� Attempts by physical
menace to put another in fear of imminent serious bodily injury.

���� Simple assault is a disorderly
persons offense unless committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly persons offense.

���� b.��� Aggravated assault.� A
person is guilty of aggravated assault if the person:

���� (1)� Attempts to cause serious
bodily injury to another, or causes injury purposely or knowingly or under
circumstances manifesting extreme indifference to the value of human life
recklessly causes such injury; or

���� (2)� Attempts to cause or
purposely or knowingly causes bodily injury to another with a deadly weapon; or

���� (3)� Recklessly causes bodily
injury to another with a deadly weapon; or

���� (4)� Knowingly under
circumstances manifesting extreme indifference to the value of human life
points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the
direction of another, whether or not the actor believes it to be loaded; or

���� (5)� Commits a simple assault
as defined in paragraph (1), (2), or (3) of subsection a. of this section upon:

���� (a)�� Any law enforcement
officer acting in the performance of the officer's duties while in uniform or
exhibiting evidence of authority or because of the officer's status as a law
enforcement officer; or

���� (b)� Any paid or volunteer
firefighter acting in the performance of the firefighter's duties while in
uniform or otherwise clearly identifiable as being engaged in the performance
of the duties of a firefighter; or

���� (c)�� Any person engaged in
emergency first-aid or medical services acting in the performance of the
person's duties while in uniform or otherwise clearly identifiable as being
engaged in the performance of emergency first-aid or medical services; or

���� (d)� Any school board member,
school administrator, teacher, school bus driver, or other employee of a public
or nonpublic school or school board while clearly identifiable as being engaged
in the performance of the person's duties or because of the person's status as
a member or employee of a public or nonpublic school or school board or any
school bus driver employed by an operator under contract to a public or
nonpublic school or school board while clearly identifiable as being engaged in
the performance of the person's duties or because of the person's status as a
school bus driver; or

���� (e)�� Any employee of the
Division of Child Protection and Permanency while clearly identifiable as being
engaged in the performance of the employee's duties or because of the status as
an employee of the division; or

���� (f)�� Any justice of the
Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal
judge while clearly identifiable as being engaged in the performance of
judicial duties or because of the status as a member of the judiciary; or

���� (g)� Any operator of a
motorbus or the operator's supervisor or any employee of a rail passenger
service while clearly identifiable as being engaged in the performance of the
person's duties or because of the status as an operator of a motorbus or as the
operator's supervisor or as an employee of a rail passenger service; or

���� (h)� Any Department of
Corrections employee, county correctional police officer, juvenile correctional
police officer, State juvenile facility employee, juvenile detention staff
member, juvenile detention officer, probation officer or any sheriff,
undersheriff, or sheriff's officer acting in the performance of the person's
duties while in uniform or exhibiting evidence of the person's authority or
because of the status as a Department of Corrections employee, county
correctional police officer, juvenile correctional police officer, State
juvenile facility employee, juvenile detention staff member, juvenile detention
officer, probation officer, sheriff, undersheriff, or sheriff's officer; or

���� (i)�� Any employee, including
any person employed under contract, of a utility company as defined in section
2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the
provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1
et seq.) while clearly identifiable as being engaged in the performance of the
employee's duties in regard to connecting, disconnecting, or repairing or
attempting to connect, disconnect, or repair any gas, electric, or water
utility, or cable television or telecommunication service; or

���� (j)�� Any health care worker
employed by a licensed health care facility to provide direct patient care, any
health care professional licensed or otherwise authorized pursuant to Title 26
or Title 45 of the Revised Statutes to practice a health care profession,
except a direct care worker at a State or county psychiatric hospital or State
developmental center or veterans' memorial home, while clearly identifiable as
being engaged in the duties of providing direct patient care or practicing the
health care profession; or

���� (k)� Any direct care worker at
a State or county psychiatric hospital or State developmental center or
veterans' memorial home, while clearly identifiable as being engaged in the
duties of providing direct patient care or practicing the health care
profession, provided that the actor is not a patient or resident at the
facility who is classified by the facility as having a mental illness or
developmental disability; or

���� (l)�� Any employee of a store
or other retail mercantile establishment while clearly identifiable as being
engaged in the performance of the person's duties.� "Store or other retail
mercantile establishment" means the same as such term is defined in N.J.S.2C:20-11.�
"Employee" means any person who provides customer assistance, store
management, visual merchandising, loss prevention or security services, whether
in uniform or in plain clothes, or who acts as a cashier, salesperson, or team associate
or otherwise interacts with customers for or on behalf of the store or other
retail mercantile establishment; or

���� (6)� Causes bodily injury to
another person while fleeing or attempting to elude a law enforcement officer
in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor
vehicle in violation of subsection c. of N.J.S.2C:20-10.� Notwithstanding any other
provision of law to the contrary, a person shall be strictly liable for a
violation of this paragraph upon proof of a violation of subsection b. of
N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c.
of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

���� (7)� Attempts to cause
significant bodily injury to another or causes significant bodily injury
purposely or knowingly or, under circumstances manifesting extreme indifference
to the value of human life recklessly causes such significant bodily injury; or

���� (8)� Causes bodily injury by
knowingly or purposely starting a fire or causing an explosion in violation of
N.J.S.2C:17-1 which results in bodily injury to any emergency services
personnel involved in fire suppression activities, rendering emergency medical
services resulting from the fire or explosion or rescue operations, or
rendering any necessary assistance at the scene of the fire or explosion,
including any bodily injury sustained while responding to the scene of a
reported fire or explosion.� For purposes of this paragraph, "emergency
services personnel" shall include, but not be limited to, any paid or
volunteer firefighter, any person engaged in emergency first-aid or medical
services and any law enforcement officer.� Notwithstanding any other provision
of law to the contrary, a person shall be strictly liable for a violation of
this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in
bodily injury to any emergency services personnel; or

���� (9)� Knowingly, under
circumstances manifesting extreme indifference to the value of human life,
points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at
or in the direction of a law enforcement officer; or

���� (10) Knowingly points,
displays or uses an imitation firearm, as defined in subsection v. of
N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the
purpose to intimidate, threaten, or attempt to put the officer in fear of
bodily injury or for any unlawful purpose; or

���� (11)� Uses or activates a
laser sighting system or device, or a system or device which, in the manner
used, would cause a reasonable person to believe that it is a laser sighting
system or device, against a law enforcement officer acting in the performance
of the officer's duties while in uniform or exhibiting evidence of the
officer's authority.� As used in this paragraph, "laser sighting system or
device" means any system or device that is integrated with or affixed to a
firearm and emits a laser light beam that is used to assist in the sight
alignment or aiming of the firearm; or

���� (12)� Attempts to cause
significant bodily injury or causes significant bodily injury purposely or
knowingly or, under circumstances manifesting extreme indifference to the value
of human life, recklessly causes significant bodily injury to a person who,
with respect to the actor, meets the definition of a victim of domestic
violence, as defined in subsection d. of section 3 of P.L.1991, c.261
(C.2C:25-19);
[
or
]

���� (13)� Knowingly or, under
circumstances manifesting extreme indifference to the value of human life,
recklessly obstructs the breathing or blood circulation of a person who, with
respect to the actor, meets the definition of a victim of domestic violence, as
defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), by
applying pressure on the throat or neck or blocking the nose or mouth of such
person, thereby causing or attempting to cause bodily injury
; or

����
(14)� Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another in the
course of a riot
.

���� Aggravated assault under
paragraphs (1) and (6) of subsection b. of this section is a crime of the
second degree; under paragraphs (2), (7), (9), and (10) of subsection b. of
this section is a crime of the third degree; under paragraphs (3) and (4) of subsection
b. of this section is a crime of the fourth degree; and under paragraph (5) of
subsection b. of this section is a crime of the third degree if the victim
suffers bodily injury, otherwise it is a crime of the fourth degree, except:

���� any aggravated assault under
subparagraph (g) of paragraph (5) of subsection b. of this section shall be a
crime of the third degree; and
if, during the course of a riot or aggravated
riot a person enumerated in subparagraph (a), (b), or (c) of paragraph (5) of
subsection b. of this section is struck
with or an
object is thrown by the actor
at the enumerated
person,
the presumption of non-imprisonment set forth in subsection e. of
N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not
apply and a mandatory period of six months imprisonment shall apply; and

���� any aggravated assault of a
law enforcement officer under subparagraph (a) of paragraph (5) of subsection
b. of this section resulting in serious bodily injury shall be a crime of the
second degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law,
a conviction for assaulting a law enforcement officer under subparagraph (a) of
paragraph (5) of subsection b. of this section shall not merge with a
conviction for any other criminal offense.� A mandatory term of incarceration
pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall not apply to a
conviction for aggravated assault of a law enforcement officer under
subparagraph (a) of paragraph (5) of subsection b. of this section unless the
assault resulted in serious bodily injury to the officer. A person charged with
aggravated assault of a law enforcement officer under subparagraph (a) of
paragraph (5) of subsection b. of this section resulting in serious bodily
injury shall be ineligible to apply for admission to a program of supervisory treatment
pursuant to the provisions of N.J.S.2C:43-12 through 2C:43-22.

���� Aggravated assault under
paragraph (8) of subsection b. of this section is a crime of the third degree
if the victim suffers bodily injury; if the victim suffers significant bodily
injury or serious bodily injury it is a crime of the second degree.� Aggravated
assault under paragraph (11) of subsection b. of this section is a crime of the
third degree.� Aggravated assault under paragraph (12) of subsection b. of this
section is a crime of the third degree but the presumption of non-imprisonment
set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of
the third degree shall not apply.� Aggravated assault under paragraph (13) of
subsection b. of this section is a crime of the second degree.�
Aggravated
assault under paragraph (14) of subsection b. of this section is a crime of the
third degree.

���� c. (1) A person is guilty of
assault by auto or vessel when the person drives a vehicle or vessel recklessly
and causes either serious bodily injury or bodily injury to another.� Assault
by auto or vessel is a crime of the fourth degree if serious bodily injury
results and is a disorderly persons offense if bodily injury results. Proof
that the defendant was operating a hand-held wireless telephone while driving a
motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may
give rise to an inference that the defendant was driving recklessly.�

���� (2)� Assault by auto or vessel
is a crime of the third degree if the person drives the vehicle while in
violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and
serious bodily injury results and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a) and bodily injury results.�

���� (3)� Assault by auto or vessel
is a crime of the second degree if serious bodily injury results from the
defendant operating the auto or vessel while in violation of R.S.39:4-50 or
section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

���� (a)�� on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;

���� (b)� driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or

���� (c)�� driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution.�

���� Assault by auto or vessel is a
crime of the third degree if bodily injury results from the defendant operating
the auto or vessel in violation of this paragraph.

���� A map or true copy of a map
depicting the location and boundaries of the area on or within 1,000 feet of
any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph
(a) of paragraph (3) of this subsection.

���� It shall be no defense to a
prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this
subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing.� Nor shall it be a defense to a prosecution under
subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles
were present on the school property or crossing zone at the time of the offense
or that the school was not in session.�

���� (4)� Assault by auto or vessel
is a crime of the third degree if the person purposely drives a vehicle in an
aggressive manner directed at another vehicle and serious bodily injury results
and is a crime of the fourth degree if the person purposely drives a vehicle in
an aggressive manner directed at another vehicle and bodily injury results.�
For purposes of this paragraph, "driving a vehicle in an aggressive
manner" shall include, but is not limited to, unexpectedly altering the
speed of the vehicle, making improper or erratic traffic lane changes,
disregarding traffic control devices, failing to yield the right of way, or
following another vehicle too closely.

���� As used in this subsection,
"vessel" means a means of conveyance for travel on water and
propelled otherwise than by muscular power.

���� d.��� A person who is employed
by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who
commits a simple assault as defined in paragraph (1) or (2) of subsection a. of
this section upon an institutionalized elderly person as defined in section 2
of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

���� e.��� (Deleted by amendment,
P.L.2001, c.443)

���� f.���� A person who commits a
simple assault as defined in paragraph (1), (2), or (3) of subsection a. of
this section in the presence of a child under 16 years of age at a school or
community sponsored youth sports event is guilty of a crime of the fourth degree.�
The defendant shall be strictly liable upon proof that the offense occurred, in
fact, in the presence of a child under 16 years of age.� It shall not be a
defense that the defendant did not know that the child was present or
reasonably believed that the child was 16 years of age or older.� The
provisions of this subsection shall not be construed to create any liability on
the part of a participant in a youth sports event or to abrogate any immunity
or defense available to a participant in a youth sports event.� As used in this
act, "school or community sponsored youth sports event" means a
competition, practice, or instructional event involving one or more
interscholastic sports teams or youth sports teams organized pursuant to a
nonprofit or similar charter or which are member teams in a youth league
organized by or affiliated with a county or municipal recreation department and
shall not include collegiate, semi-professional or professional sporting
events.

(cf: P.L.2025, c.39, s.3)

���� 5.� N.J.S.2C:17-3 is

amended
to read as follows:

���� 2C:17-3.� a.� Offense defined.
A person is guilty of criminal mischief if he:

���� (1)� Purposely or knowingly
damages tangible property of another or damages tangible property of another
recklessly or negligently in the employment of fire, explosives or other
dangerous means listed in subsection a. of N.J.S.2C:17-2; or

���� (2)� Purposely, knowingly or
recklessly tampers with tangible property of another so as to endanger person
or property, including the damaging or destroying of a rental premises by a
tenant in retaliation for institution of eviction proceedings
; or

����
(3)� Purposely, knowingly
or recklessly, defaces, injures, or otherwise damages by any means a memorial
or historic property, as defined in subsection d., and the value of the damage to
the memorial or historic property is greater than $200.00
.

���� b.��� Grading.� (1)� Criminal
mischief is a crime of the third degree if the actor purposely or knowingly
,
or
recklessly causes pecuniary loss of $2,000.00 or more
, or, if the
pecuniary loss is to a memorial or historic property, and the value of the
damage $200.00 or more
.

���� (2)� Criminal mischief is a
crime of the fourth degree if the actor causes pecuniary loss in excess of
$500.00 but less than $2000.00.� It is a disorderly persons offense if the
actor causes pecuniary loss of $500.00 or less.

���� (3)� Criminal mischief is a
crime of the third degree if the actor damages, defaces, eradicates, alters,
receives, releases or causes the loss of any research property used by the
research facility, or otherwise causes physical disruption to the functioning of
the research facility. The term "physical disruption" does not
include any lawful activity that results from public, governmental, or research
facility employee reaction to the disclosure of information about the research
facility.

���� (4)� Criminal mischief is a
crime of the fourth degree if the actor damages, removes or impairs the
operation of any device, including, but not limited to, a sign, signal, light
or other equipment, which serves to regulate or ensure the safety of air
traffic at any airport, landing field, landing strip, heliport, helistop or any
other aviation facility; however, if the damage, removal or impediment of the
device recklessly causes bodily injury or damage to property, the actor is
guilty of a crime of the third degree, or if it recklessly causes a death, the
actor is guilty of a crime of the second degree.

���� (5)� Criminal mischief is a
crime of the fourth degree if the actor interferes or tampers with any airport,
landing field, landing strip, heliport, helistop or any other aviation
facility; however if the interference or tampering with the airport, landing
field, landing strip, heliport, helistop or other aviation facility recklessly
causes bodily injury or damage to property, the actor is guilty of a crime of
the third degree, or if it recklessly causes a death, the actor is guilty of a
crime of the second degree.

���� (6)� Criminal mischief is a
crime of the third degree if the actor tampers with a grave, crypt, mausoleum
or other site where human remains are stored or interred, with the purpose to
desecrate, destroy or steal such human remains or any part thereof.

���� (7)� Criminal mischief is a
crime of the third degree if the actor purposely or knowingly causes a
substantial interruption or impairment of public communication, transportation,
supply of water, oil, gas or power, or other public service.� Criminal mischief
is a crime of the second degree if the substantial interruption or impairment
recklessly causes death.

���� (8)� Criminal mischief is a
crime of the fourth degree if the actor purposely or knowingly breaks, digs up,
obstructs or otherwise tampers with any pipes or mains for conducting gas, oil
or water, or any works erected for supplying buildings with gas, oil or water,
or any appurtenances or appendages therewith connected, or injures, cuts,
breaks down, destroys or otherwise tampers with any electric light wires, poles
or appurtenances, or any telephone, telecommunications, cable television or
telegraph wires, lines, cable or appurtenances.

���� c.���
(1)
�
[
A
]

Except as
provided in paragraph (2) of this subsection , a
person convicted of an
offense of criminal mischief that involves an act of graffiti may, in addition
to any other penalty imposed by the court, be required to pay to the owner of
the damaged property monetary restitution in the amount of the pecuniary damage
caused by the act of graffiti and to perform community service, which shall
include removing the graffiti from the property, if appropriate.� If community
service is ordered, it shall be for either not less than 20 days or not less
than the number of days necessary to remove the graffiti from the property.

����
(2)� A court shall order
any person convicted of violating paragraph (3) of subsection a. to pay
restitution, which shall include the full cost of repair or replacement of such
memorial or historic property.

���� d.��� As used in this section:

���� "Act of graffiti"
means the drawing, painting or making of any mark or inscription on public or
private real or personal property without the permission of the owner.

����
�Historic property� means
any building, structure, site, or object that has been officially designated or
approved for inclusion, or which meets the criteria for inclusion, in the New
Jersey Register of Historic Places pursuant to P.L.1970, c.268

(C.13:1B-15.128 et seq.) as a historic building, historic
structure, historic site, or historic object through a federal, State, or local
designation program.

����
�Memorial� means a plaque,
statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone,
structure name, or display that is constructed and located with the intent of
being permanently displayed or perpetually maintained; is dedicated to a
historical person, an entity, an event, or a series of events; and honors or
recounts the military service of any past or present United States Armed Forces
military personnel, or the past or present public service of a resident of the
geographical area comprising the State or the United States.

���� e.��� A person convicted of an
offense of criminal mischief that involves the damaging or destroying of a
rental premises by a tenant in retaliation for institution of eviction
proceedings, may, in addition to any other penalty imposed by the court, be
required to pay to the owner of the property monetary restitution in the amount
of the pecuniary damage caused by the damage or destruction.

(cf: P.L.2014, c.69, s.2)

���� 6.� N.J.S.2C:18-2 is amended
to read as follows:

���� 2C:18-2. Burglary.� a.�
Burglary defined. A person is guilty of burglary if, with purpose to commit an
offense therein or thereon, the person:

���� (1) Enters a research
facility, structure other than a residential dwelling, or a separately secured
or occupied portion thereof unless the structure was at the time open to the
public or the actor is licensed or privileged to enter;

���� (2) Surreptitiously remains in
a research facility, structure other than a residential dwelling, or a
separately secured or occupied portion thereof knowing that the person is not
licensed or privileged to do so; or

���� (3) Trespasses in or upon
utility company property where public notice prohibiting trespass is given by
conspicuous posting, fencing, or other enclosure manifestly designed to exclude
intruders.

���� b.��� Grading. Burglary is a
crime of the second degree if in the course of committing the offense, the
actor:

���� (1) Purposely, knowingly or
recklessly inflicts, attempts to inflict or threatens to inflict bodily injury
on anyone;
[
or
]

���� (2) Is armed with or displays
what appear to be explosives or a deadly weapon
; or is committed during a
riot or an aggravated riot and the perpetration of the burglary is facilitated
by conditions arising from the riot
.

���� Otherwise burglary is a crime
of the third degree.� An act shall be deemed "in the course of
committing" an offense if it occurs in an attempt to commit an offense or
in immediate flight after the attempt or commission.�
As used in this
section, �conditions arising from the riot� means civil unrest, power outages,
curfews, or a reduction in the presence of or response time for first
responders or homeland security personnel.� A person arrested for committing a
burglary during a riot or aggravated riot may not be released until the person
appears before a judge at a pretrial detention hearing.

(cf: P.L.2024, c.83, s.5)

���� 7.� N.J.S.2C:20-2 is amended
to read as follows:

���� 2C:20-2. a. Consolidation of
Theft and Computer Criminal Activity Offenses.� Conduct denominated theft or
computer criminal activity in this chapter constitutes a single offense, but
each episode or transaction may be the subject of a separate prosecution and
conviction.� A charge of theft or computer criminal activity may be supported
by evidence that it was committed in any manner that would be theft or computer
criminal activity under this chapter, notwithstanding the specification of a
different manner in the indictment or accusation, subject only to the power of
the court to ensure fair trial by granting a bill of particulars, discovery, a
continuance, or other appropriate relief where the conduct of the defense would
be prejudiced by lack of fair notice or by surprise.

���� b.��� Grading of theft
offenses.

���� (1) Theft constitutes a crime
of the second degree if:

���� (a) The amount involved is
$75,000 or more;

���� (b) The property is taken by
extortion;

���� (c) The property stolen is a
controlled dangerous substance or controlled substance analog as defined in
N.J.S.2C:35-2 and the quantity is in excess of one kilogram;

���� (d) The property stolen is a
person's benefits under federal or State law, or from any other source, which
the Department of Human Services or an agency acting on its behalf has budgeted
for the person's health care and the amount involved is $75,000 or more;

���� (e) The property stolen is
human remains or any part thereof; except that, if the human remains are stolen
by deception or falsification of a document by which a gift of all or part of a
human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft
constitutes a crime of the first degree;
[
or
]

���� (f) It is in breach of an
obligation by a person in his capacity as a fiduciary and the amount involved
is $50,000 or more
; or

����
(g)� The property stolen is
law enforcement equipment, valued at $300 or more, that is taken from an authorized
emergency vehicle, as defined in R.S.39:1-1. �However, if the property is
stolen during a riot or an aggravated riot prohibited under N.J.S.2C:33-1 and
the perpetration of the theft is facilitated by conditions arising from the
riot; the theft is committed after the declaration of emergency is made, and
the perpetration of the theft is facilitated by conditions arising from the
emergency, the theft is a crime of the second degree. �

����
As used in this paragraph,
the term �emergency medical equipment� means mechanical or electronic apparatus
used to provide emergency services and care or to treat medical emergencies.

����
�Law enforcement equipment�
means any property, device, or apparatus used by any law enforcement officer as
defined in section 3 of P.L.1993, c. 220 (C.52:17B-161) in the officer�s
official business.

����
�Conditions arising from
the riot� means civil unrest, power outages, curfews, or a reduction in the
presence of or response time for first responders or homeland security
personnel.

����
�Conditions arising from
the emergency� means civil unrest, power outages, curfews, voluntary or mandatory
evacuations, or a reduction in the presence of or response time for first
responders or homeland security personnel. �

����
A person arrested for
committing a theft during a riot or an aggravated riot may not be released
until the person appears before a committing magistrate at a pretrial detention
hearing
.

���� (2) Theft constitutes a crime
of the third degree if:

���� (a) The amount involved
exceeds $500 but is less than $75,000;

���� (b) The property stolen is a
firearm, vessel, boat, horse, domestic companion animal or airplane;

���� (c) The property stolen is a
controlled dangerous substance or controlled substance analog as defined in
N.J.S.2C:35-2 and the amount involved is less than $75,000 or is undetermined
and the quantity is one kilogram or less;

���� (d) It is from the person of
the victim;

���� (e) It is in breach of an
obligation by a person in his capacity as a fiduciary and the amount involved
is less than $50,000;

���� (f) It is by threat not
amounting to extortion;

���� (g) It is of a public record,
writing or instrument kept, filed or deposited according to law with or in the
keeping of any public office or public servant;

���� (h) The property stolen is a
person's benefits under federal or State law, or from any other source, which
the Department of Human Services or an agency acting on its behalf has budgeted
for the person's health care and the amount involved is less than $75,000;

���� (i) The property stolen is any
real or personal property related to, necessary for, or derived from research,
regardless of value, including, but not limited to, any sample, specimens and
components thereof, research subject, including any warm-blooded or
cold-blooded animals being used for research or intended for use in research,
supplies, records, data or test results, prototypes or equipment, as well as
any proprietary information or other type of information related to research;

���� (j) The property stolen is a
New Jersey Prescription Blank as referred to in R.S.45:14-14;

���� (k) The property stolen
consists of an access device or a defaced access device;

���� (l) The property stolen
consists of anhydrous ammonia and the actor intends it to be used to
manufacture methamphetamine;
[
or
]

���� (m) The property stolen
consists of a package delivered to a residential property by a cargo carrier
and the amount involved is less than $75,000 or is undetermined
; or

����
n.� If the property is
stolen during a riot or an aggravated riot prohibited under N.J.S.2C:33-1 and
the perpetration of the theft is facilitated by conditions arising from the
riot; the property is stolen after the declaration of emergency is made, and
the perpetration of the theft is facilitated by conditions arising from the
emergency, the offender commits a crime of the second degree.

����
As used in this paragraph,
the terms �conditions arising from a riot� and �conditions arising from the
emergency� have the same meanings as provided in subparagraph (g) of paragraph
(1) of this subsection.� A person arrested for committing a theft during a riot
or an aggravated riot may not be released until the person appears before a judge
of the Superior Court at a pretrial detention hearing
.

���� (3) Theft constitutes a crime
of the fourth degree if the amount involved is at least $200 but does not
exceed $500.

���� (4) Theft constitutes a
disorderly persons offense if:

���� (a) The amount involved was
less than $200; or

���� (b) The property stolen is an
electronic vehicle identification system transponder.

���� The amount involved in a theft
or computer criminal activity shall be determined by the trier of fact.� The
amount shall include, but shall not be limited to, the amount of any State tax
avoided, evaded or otherwise unpaid, improperly retained or disposed of.�
Amounts involved in thefts, thefts of motor vehicles, or computer criminal
activities committed pursuant to one scheme or course of conduct, whether from
the same person or several persons, may be aggregated in determining the grade
of the offense.

���� c.��� Claim of right.� It is
an affirmative defense to prosecution for theft that the actor:

���� (1) Was unaware that the
property or service was that of another;

���� (2) Acted under an honest
claim of right to the property or service involved or that he had a right to
acquire or dispose of it as he did; or

���� (3) Took property exposed for
sale, intending to purchase and pay for it promptly, or reasonably believing
that the owner, if present, would have consented.

���� d.��� Theft from spouse.� It
is no defense that theft or computer criminal activity was from or committed
against the actor's spouse, except that misappropriation of household and
personal effects, or other property normally accessible to both spouses, is
theft or computer criminal activity only if it occurs after the parties have
ceased living together.

(cf: P.L.2023, c.101, s.4)

���� 8.� N.J.S.59:2-2 is amended to
read as follows:

���� 59:2-2.� Liability of public
entity.� a.� A public entity is liable for injury proximately caused by an act
or omission of a public employee within the scope of his employment in the same
manner and to the same extent as a private individual under like circumstances.

���� b.��� A public entity is not
liable for an injury resulting from an act or omission of a public employee
where the public employee is not liable.

����
c.��� A municipality has a duty
to allow the municipal law enforcement agency to respond appropriately to
protect persons and property during a riot or an unlawful assembly based on the
availability of adequate equipment to its municipal law enforcement officers
and relevant State and federal laws. If the governing body of a municipality or
a person authorized by the governing body of the municipality breaches that
duty, the municipality is civilly liable for any damages including damages
arising from personal injury, wrongful death, or property damages proximately
caused by the municipality�s breach of duty.

(cf: P.L.1972, c.45, s.59:2-2)

���� 9.� a.� (New section) Mob
intimidation.� It is unlawful for a person, assembled with two or more other
persons and acting with a common intent, to use force or threaten to use
imminent force, to compel or induce, or attempt to compel or induce, another
person to do or refrain from doing any act or to assume, abandon, or maintain a
particular viewpoint against his or her will.

���� b.��� A person who violates
subsection a. commits a disorderly persons offense.

���� c.��� A person arrested for a
violation of this section shall be held in custody until brought before the
court for a pretrial detention hearing.

���� 10.� (New section)
Cyber-intimidation by publication.� As used in this section, the term:

���� �Electronically publish� means
to disseminate, post, or otherwise disclose information to an Internet site or
forum.

���� �Harass� has the same meaning
as provided in N.J.S.2C:33-4.

���� It is unlawful for a person to
electronically publish another person�s personal identification information
with the intent to, or with the intent that a third party will use the
information to:

���� Incite violence or commit a
crime against the person; or

���� Threaten or harass the person,
placing such person in reasonable fear of bodily harm.

���� A person who violates this
section commits a crime of the fourth degree.

���� 11.� (New section) Affirmative
defense in civil action; party convicted of riot.

���� a.��� In a civil action for
damages for personal injury, wrongful death, or property damage, it is an
affirmative defense that such action arose from an injury or damage sustained
by a participant acting in furtherance of a riot.� The affirmative defense
authorized by this section shall be established by evidence that the
participant has been convicted of a riot or an aggravated riot prohibited under
N.J.S.2C:33-1 or by proof of the commission of such crime by a preponderance of
the evidence.

���� b.� In a civil action in which
a defendant raises an affirmative defense under this section, the court must,
on motion by the defendant, stay the action during the pendency of a criminal
action that forms the basis for the defense, unless the court finds that a
conviction in the criminal action would not form a valid defense under this
section.

���� 12.� (New section) If the
tentative budget of a municipality contains a funding reduction to the
operating budget of the municipal law enforcement agency, the municipal
attorney or a member of the governing body who objects to the funding
reduction, may file an appeal to the Division of Local Government Services in
the Department of Community Affairs within 30 days after the day the tentative
budget is posted to the official website of the municipality.�

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

STATEMENT

���� This omnibus bill, which shall
be known as the �Punishing Rioters and Protecting Communities Act,� addresses riot
and certain violent crime committed during the course of riot.� Presently, a
person is guilty of riot if he participates with four or more others in a
course of disorderly conduct with an unlawful purpose, enumerated in the
statute.� This bill amends subsection b. of N.J.S.2C:33-1, riot, and expands
the categories of riot to include aggravated riot, inciting a riot and
aggravated inciting a riot.� Under the bill, a person commits riot if the he
participates in a violent public disturbance involving an assembly of three or
more persons, acting with a common intent to assist each other in violent and
disorderly conduct, resulting in (1) Injury to another person; (2) Damage to
property; or (3) Imminent danger of injury to another person or damage to
property.� A person who commits a riot when he or any other participant, known
to him, uses or plans to use a firearm or other deadly weapon is guilty of a
crime of the third degree.� A crime of the third degree is punishable by up to
5 years imprisonment, a fine of up to $15,000, or both. Otherwise riot is a
crime of the fourth degree.� A crime of the fourth degree is punishable by up
to 18 months imprisonment, a fine of up to $10,000, or both.

���� New subsection b. is added to
N.J.S.2C:33-1 to provide a person commits aggravated riot if, in the course of
committing a riot, he: (1) Participates with 25 or more other persons; (2)
Causes serious bodily injury to a person not participating in the riot; (3)
Causes property damage in excess of $5,000; (4) Displays, uses, threatens to
use, or attempts to use a deadly weapon; or (5) By force, or threat of force,
endangers the safe movement of a vehicle traveling on a public street, highway,
or road.� A person who commits aggravating riot commits a crime of the second
degree. A crime of the second degree is punishable by up to 10 years
imprisonment, a fine of up to $150,000, or both.�

���� New subsection c. is added to
N.J.S.2C:33-1 to provide a person commits inciting a riot if he willfully
incites another person to participate in a riot, resulting in a riot or
imminent danger of a riot. A person who commits inciting a riot commits a crime
of the third degree.�

���� New subsection d. is added to
N.J.S.2C:33-1 to provide a person commits aggravated inciting a riot if he (1)
Incites a riot resulting in serious bodily harm to another person not
participating in the riot; (2) Incites a riot resulting in property damage in
excess of $5,000; or (3) Supplies a deadly weapon to another person or teaches
another person to prepare a deadly weapon with intent that the deadly weapon be
used in a riot for an unlawful purpose.� A person who commits aggravated
inciting a riot commits a crime of the second degree.

���� Under the bill, a person
arrested for a violation of N.J.S.2C:33-1 shall be held in custody until
brought before the court for a pretrial detention hearing.� The bill does not
prohibit constitutionally protected activity such as a peaceful protest.

���� The bill amends N.J.S.2C:33-7,
obstructing highways or other passages, to provide that it shall be unlawful
for a person, having no legal privilege to do so, to purposely or recklessly
obstruct any highway or other public passage whether alone or with others.� No
person shall be deemed in violation of this subsection solely because of a
gathering of persons to hear him speak or otherwise communicate, or solely
because of being a member of such a gathering.� The amendment leaves intact
subsection b. of N.J.S.2C:33-7, which concerns refusal to obey a reasonable
official request or order to move.�

���� The bill amends N.J.S.2C:12-1,
Assault.� Currently, paragraph (5) of subsection b. enumerates specific
circumstances when aggravated assault occurs.� This bill adds that a person is
guilty of aggravated assault if he attempts to cause or purposely, knowingly or
recklessly causes bodily injury to another in the course of a riot.� Aggravated
assault under this circumstance is a crime of the third degree, punishable by
up to five years imprisonment, a fine of up to $15,000, or both.

���� Paragraph (5) of subsection b.
of N.J.S.2C:12-1 further elevates simple assault to aggravated assault when
committed against certain categories of persons.� Under the bill, if, in the
course of a riot or aggravated riot, any law enforcement officer, any paid or
volunteer firefighter, or any person engaged in emergency first-aid or medical
services while acting in the performance of the person�s duties while in
uniform or otherwise clearly identifiable as being engaged in their duties is
struck with or an object is thrown by the actor at the enumerated person, the
presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for
a first offense of a crime of the third degree shall not apply and a mandatory
period of six months imprisonment shall apply.�

���� The bill amends N.J.S.2C:17-3,
criminal mischief, to add an additional category to the offense.� Under the new
provision, a person is guilty of criminal mischief if he, without the consent
of the owner thereof, willfully and maliciously defaces, injures, or otherwise
damages by any means a memorial or historic property, and the value of the
damage to the memorial or historic property is greater than $200.� The bill
grades this offense as a crime of the third degree where the damage is to a
memorial or historic property.� The bill provides that �historic property�
means any building, structure, site, or object that has been officially
designated or approved for inclusion, or which meets the criteria for
inclusion, in the New Jersey Register of Historic Places pursuant to P.L.1970,
c.268 (C.13:1B-15.128 et seq.) as a historic building, historic structure,
historic site, or historic object through a federal, state, or local
designation program.� �Memorial� means a plaque, statue, marker, flag, banner,
cenotaph, religious symbol, painting, seal, tombstone, structure name, or
display that is constructed and located with the intent of being permanently
displayed or perpetually maintained; is dedicated to a historical person, an
entity, an event, or a series of events; and honors or recounts the military
service of any past or present United States Armed Forces military personnel,
or the past or present public service of a resident of the geographical area
comprising the state or the United States.� A court shall order any person
convicted of violating this provision to pay restitution, which shall include
the full cost of repair or replacement of such memorial or historic property.

���� The bill amends
N.J.S.A.2C:18-2, burglary, to add an additional circumstance to the grading
scheme. Under the bill, burglary is a crime of the second degree if it occurs
during a riot or an aggravated riot and the perpetration of the burglary is
facilitated by conditions arising from the riot.� The section is further
amended to provide that �conditions arising from the riot,� means civil unrest,
power outages, curfews, or a reduction in the presence of or response time for
first responders or homeland security personnel.� A person arrested for
committing a burglary during a riot or aggravated riot may not be released
until the person appears before a judge at a pretrial detention hearing.

���� The bill amends
N.J.S.A.2C:20-2, theft, to add an additional circumstances to the grading
scheme.� Under the bill, theft is a crime of the second degree if the property
stolen is law enforcement equipment, valued at $300 or more, that is taken from
an authorized emergency vehicle, as defined in R.S.39:1-1. �Emergency medical
equipment� means mechanical or electronic apparatus used to provide emergency
services and care or to treat medical emergencies. �Law enforcement equipment�
means any property, device, or apparatus used by any law enforcement officer as
defined in section 3 of P.L.1993, c.220, (C.52:17B-161) in the officer�s
official business. �If the property is stolen during a riot or an aggravated
riot prohibited under section N.J.S.2C:33-1 and the perpetration of the theft
is facilitated by conditions arising from the riot; the theft is committed
after the declaration of emergency is made, and the perpetration of the theft
is facilitated by conditions arising from the emergency, the theft is a crime
of the second degree.� Under the bill, the term �conditions arising from the
riot� means civil unrest, power outages, curfews, or a reduction in the
presence of or response time for first responders or homeland security
personnel and the term �conditions arising from the emergency� means civil
unrest, power outages, curfews, voluntary or mandatory evacuations, or a
reduction in the presence of or response time for first responders or homeland
security personnel.�

���� Third degree theft is elevated
to a crime of the second degree if the property is stolen during a riot or an
aggravated riot prohibited under N.J.S.2C:33-1 and the perpetration of the
theft is facilitated by conditions arising from the riot; the property is
stolen after the declaration of emergency is made, and the perpetration of the
theft is facilitated by conditions arising from the emergency.

���� A person arrested for
committing a theft during a riot crime, or other crime amended by the bill, may
not be released until the person appears before a judge at a pretrial detention
hearing.

���� The bill amends N.J.S.59:2-2,
concerning public entity liability to provide that a municipality has a duty to
allow the municipal law enforcement agency to respond appropriately to protect
persons and property during a riot or an unlawful assembly based on the
availability of adequate equipment to its municipal law enforcement officers
and relevant State and federal laws.

���� The bill creates the new
offenses of mob intimidation and cyber-intimidation by publication.� Under the
bill, mob intimidation occurs when a person, assembled with two or more other
persons and acting with a common intent, to use force or threaten to use
imminent force, to compel or induce, or attempt to compel or induce, another
person to do or refrain from doing any act or to assume, abandon, or maintain a
particular viewpoint against his or her will. �A person who violates this
section commits a disorderly persons offense.� A disorderly persons offense is
punishable by up to 6 months imprisonment, a fine of up to $1,000, or both.� A
person arrested for a violation of this section shall be held in custody until
brought before the court for a pretrial detention hearing.

���� Under the bill,
cyber-intimidation by publication occurs when a person electronically publishes
another person�s personal identification information with the intent to, or
with the intent that a third party will use the information to� (a) Incite
violence or commit a crime against the person; or� (b) Threaten or harass the
person, placing such person in reasonable fear of bodily harm.� A person who
violates this subsection commits a crime of the fourth degree.

���� The bill establishes an
affirmative defense in an action for personal injury, wrongful death, or
property damage when that action arose from an injury or damage sustained by a
participant acting in furtherance of a riot.�

���� The bill establishes a procedure
to appeal law enforcement funding reduction proposal in local budgets.

���� This bill is modeled closely
on Florida Laws ch.6; 2021 Fla. HB 1.