New Jersey-2020-A1121-Introduced

An Act concerning certain crimes and amending N.J.S.38A:14-5.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.38A:14-5 is amended to read as follows:

38A:14-5. Any person who knowingly, with intent to impersonate and with intent to deceive, misrepresents oneself as a member or veteran of the United States Armed Forces or organized militia by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United States Armed Forces or the organized militia, by Federal and State laws and regulations, shall be guilty of a crime of the fourth degree.

Any person who knowingly, with intent to impersonate and with intent to deceive for the purpose of obtaining money, property, or other tangible benefit, misrepresents oneself as a member or veteran of the United States Armed Forces or organized militia by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United States Armed Forces or the organized militia, by Federal and State laws and regulations, shall be guilty of a crime of the third degree, subject to a minimum fine of $1,000, if the actor obtains money, property or other tangible benefit in an amount less than $75,000; or a crime of the second degree, if the actor obtains money, property or other tangible benefit in the amount of $75,000 or more.

Any person who knowingly, with intent to deceive for the purpose of obtaining money, property, or other tangible benefit, holds oneself out to be a recipient of any decoration or medal created by Federal and State laws and regulations to honor the members or veterans of the United States Armed Forces or the organized militia shall be guilty of a crime of the third degree, subject to a minimum fine of $1,000, if the actor obtains money, property or other tangible benefit in the amount less than $75,000; or a crime of the second degree, if the actor obtains money, property or other tangible benefit in the amount of $75,000 or more.

Any monies collected pursuant to this section shall be forwarded to the State Treasurer, and shall annually be appropriated to the Military Dependents Scholarship Fund, as established pursuant to P.L.2015, c.117 (C.18A:71B-98 et seq.), in the Higher Education Student Assistance Authority. Until such time as the Military Dependents Scholarship Fund is established, any monies collected pursuant to this section shall be forwarded to the State Treasurer, and deposited into the "NJ National Guard State Family Readiness Council Fund," as established, pursuant to section 1 of P.L.2011, c.117 (C.54A:9-25.29).

(cf: P.L.2015, c.118, s.1)

2. This act shall take effect immediately.

STATEMENT

The bill would upgrade certain crimes of misrepresenting oneself as a member or veteran of the United States Armed Forces or organized militia.

Under N.J.S.38A:14-5, it is a crime of the third degree, subject to a minimum fine of $1,000, for any person to knowingly:

1) with intent to impersonate and to deceive for the purpose of obtaining money, property, or other tangible benefit, misrepresent oneself as a member or veteran of the United States Armed Forces or organized militia by wearing the uniform or any medal or insignia authorized for use by the members or veterans of the United States Armed Forces or the organized militia, by Federal and State laws and regulations (if the person impersonated and deceived for another purpose other than to obtain money, property, or other tangible benefit, then it is a crime of the fourth degree); or

2) with intent to deceive for the purpose of obtaining money, property, or other tangible benefit, holds oneself out to be a recipient of any decoration or medal created by Federal and State laws and regulations to honor the members or veterans of the United States Armed Forces or the organized militia.

This bill would upgrade these crimes to a second degree if the actor obtains money, property or other tangible benefit in the amount of $75,000 or more. If the actor obtains money, property or other tangible benefit less than $75,000, then the crime would remain as a crime of the third degree, subject to a minimum fine of $1,000.

A crime of the second degree is punishable by up to five-10 years imprisonment, up to a $150,000 fine, or both. A crime of the third degree is punishable by up to three-five years imprisonment, up to a $15,000 fine, or both.