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 adds the offense under N.J.S.2C:33-3 to the list of crimes that can be classified as bias intimidation when committed with the intent to intimidate individuals or groups based on various protected characteristics, such as race, religion, gender, and sexual orientation. The bill also removes a previously existing provision that was deemed unconstitutionally vague 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.
Under the revised law, bias intimidation is classified as a fourth-degree crime if the underlying offense is a disorderly persons offense or petty disorderly persons offense. In other cases, it is graded one degree higher than the most serious underlying crime, with specific penalties for first-degree crimes. The bill aims to strengthen protections against bias-related offenses and ensure that individuals who commit such acts face appropriate legal consequences.