STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
Assemblyman JACK M. CIATTARELLI
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Criminalizes luring or enticing mentally incapacitated person to commit act likely to be injurious to his welfare.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning offenses against certain persons and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A person is guilty of a crime of the fourth degree if he knowingly lures or entices another person to commit an act that is reasonably likely to be injurious to the physical, mental, or moral welfare of that person when the actor knows or reasonably should know that the person is mentally incapacitated.
As used in this section, "mentally incapacitated" means that condition in which a person is rendered temporarily or permanently incapable of understanding or controlling one's conduct, or of appraising or controlling one's condition, which incapacity shall include but is not limited to an inability to comprehend one's own peril.
2. This act shall take effect immediately.
STATEMENT
This bill would make it a crime of the fourth degree for a person who knows or reasonably should know that another person is mentally incapacitated to lure or entice that person to commit an act that is reasonably likely to be injurious to his physical, mental, or moral welfare.
The bill's definition of the term "mentally incapacitated" is identical to that in another section of the Criminal Code, P.L.2000, c.174 (C.2C:12-1.2): "That condition in which a person is rendered temporarily or permanently incapable of understanding or controlling one's conduct, or of appraising or controlling one's condition, which incapacity shall include but is not limited to an inability to comprehend one's own peril."
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both.