This bill amends New Jersey's bias intimidation laws to include the crime of creating a false public alarm as a form of bias intimidation. Specifically, it expands the list of offenses that can be classified as bias intimidation under N.J.S.2C:16-1 to include violations of N.J.S.2C:33-3, which pertains to creating false public alarms. The bill maintains the existing framework for bias intimidation, which requires that the offense be committed with the intent to intimidate individuals based on various protected characteristics, including race, religion, gender, and sexual orientation.

Additionally, the bill removes paragraph (3) from subsection a. of N.J.S.2C:16-1, which was deemed unconstitutionally vague by the New Jersey Supreme Court in the case of State v. Pomianek. This provision previously focused on the victim's perception of the defendant's intent rather than the defendant's actual state of mind. The bill clarifies the grading of bias intimidation crimes, indicating that they are generally one degree higher than the underlying offense, with specific penalties outlined for fourth-degree and first-degree crimes.