Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
SYNOPSIS
Broadens riot; enhances penalties for certain crimes committed during riot; creates new 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. N.J.S.2C:33-1 is amended to read as follows:
2C:33-1. Riot. a. [Riot. A person is guilty of riot if he participates with four or more others in a course of disorderly conduct as defined in section 2C:33-2a:
(1) With purpose to commit or facilitate the commission of a crime;
(2) With purpose to prevent or coerce official action; or
(3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon.
Riot if committed under circumstances set forth in paragraph (3) is a crime of the third degree. Otherwise riot is a crime of the fourth degree.]
A person commits a riot if 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. 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 cis 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 section 2C:33-2 a. 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.
(cf: P.L.1981, c.290, s.35)
2. 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)
3. 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 disor