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 to include violations under N.J.S.2C:33-3. The bill maintains the existing framework that defines bias intimidation as occurring when an individual commits or threatens certain offenses with the intent to intimidate based on various protected characteristics, such as race, religion, or sexual orientation.
Additionally, the bill removes a previously existing provision that was deemed unconstitutional by the New Jersey Supreme Court in the case of State v. Pomianek, which focused on the victim's perception rather than the defendant's state of mind. This change aims to clarify the legal standards surrounding bias intimidation. The grading of bias intimidation remains consistent, with it being classified as a fourth-degree crime for lesser offenses and one degree higher for more serious underlying crimes, with specific penalties outlined for first-degree bias intimidation convictions.