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A5273
ASSEMBLY, No. 5273
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 15, 2026
Sponsored by:
Assemblyman� GERRY SCHARFENBERGER
District 13 (Monmouth)
Assemblywoman� DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
Assemblywoman� VICTORIA A. FLYNN
District 13 (Monmouth)
Co-Sponsored by:
Assemblyman Barlas
SYNOPSIS
���� Establishes crime of knowingly filing false report
against law enforcement officers.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning false reports against law enforcement officers 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 degree if
[
he
]
the person
:
���� (1)��
[
Reports
]
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
]
pretends
to furnish or causes to be furnished
[
such
]
law
enforcement
authorities with information relating to an offense or incident
when he knows he has no information relating to
[
such
]
the
offense or incident.
����
c.� It shall be a crime of
the third degree to knowingly file a false report or give false information to
law enforcement authorities with the purpose to implicate a law enforcement
officer in a crime, offense, or professional infraction that would warrant
disciplinary action against the law enforcement officer.�
����
Notwithstanding the
provisions of N.J.S.2C:1-8 or any other law, a conviction under this subsection
shall not merge with a conviction under subsection a. or b. of this section.�
(cf: P.L.2015, c.175, s.1)
���� 2.��� This act shall take
effect immediately.�
STATEMENT
���� This bill establishes a third
degree crime of filing a false report or giving false information to law
enforcement authorities with the purpose to implicate a law enforcement officer
in a crime, offense, or professional infraction that would warrant disciplinary
action against the law enforcement officer.�
����
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 third degree, or a crime
of the second degree if the victim was implicated in
a first or second
degree crime.� In
addition, it is a crime of the fourth degree to report to law enforcement
authorities an offense or other incident that did not occur, or pretend to
furnish the authorities with information relating to an arrest or incident for
which the person has no information.
���� 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 imprisonment, a fine of
up to $150,000, or both.
���� This
bill establishes a separate crime of the third degree of falsely implicating a
law enforcement officer
in a crime, offense, or professional infraction
that would warrant disciplinary action.� Under the bill, the crime of falsely
implicating a law enforcement officer would not merge with the crimes of
falsely incriminating another or giving a false report.� ��