New Jersey-2022-A4471-Introduced

An Act concerning assault against sports officials and participants, amending N.J.S.2C:12-1 and N.J.S.2C:33-4, 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. 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 disorderly persons offense.

b. Aggravated assault. A person is guilty of aggravated assault if the person:

(1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) Recklessly causes bodily injury to another with a deadly weapon; or

(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of another, whether or not the actor believes it to be loaded; or

(5) Commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of this section upon:

(a) Any law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer; or

(b) Any paid or volunteer firefighter acting in the performance of the firefighter's duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a firefighter; or

(c) Any person engaged in emergency first-aid or medical services acting in the performance of the person's duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d) Any school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person's duties or because of the person's status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person's duties or because of the person's status as a school bus driver; or

(e) Any employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of the employee's duties or because of the status as an employee of the division; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of the status as a member of the judiciary; or

(g) Any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of the person's duties or because of the status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service; or

(h) Any Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff's officer acting in the performance of the person's duties while in uniform or exhibiting evidence of the person's authority or because of the status as a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer, sheriff, undersheriff, or sheriff's officer; or

(i) Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of the employee's duties in regard to connecting, disconnecting, or repairing or attempting to connect, disconnect, or repair any gas, electric, or water utility, or cable television or telecommunication service; or

(j) Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; or

(k) Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or

(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or

(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this paragraph, "emergency services personnel" shall include, but not be limited to, any paid or volunteer firefighter, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or

(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection v. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten, or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or

(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of the officer's authority. As used in this paragraph, "laser sighting system or device" means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm; or

(12) Attempts to cause significant bodily injury or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19); or

(13) Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury.

Aggravated assault under paragraphs (1) and (6) of subsection b. of this section is a crime of the second degree; under paragraphs (2), (7), (9), and (10) of subsection b. of this section is a crime of the third degree; under paragraphs (3) and (4) of subsection b. of this section is a crime of the fourth degree; and under paragraph (5) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree, except that any aggravated assault under subparagraph (g) of paragraph (5) of subsection b. of this section shall be a crime of the third degree. Aggravated assault under paragraph (8) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under paragraph (11) of subsection b. of this section is a crime of the third degree. Aggravated assault under paragraph (12) of subsection b. of this section is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply. Aggravated assault under paragraph (13) of subsection b. of this section is a crime of the second degree.

c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly.

(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

(4) Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results. For purposes of this paragraph, "driving a vehicle in an aggressive manner" shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

As used in this subsection, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

d. A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

e. (Deleted by amendment, P.L.2001, c.443).

f. A person who commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of this section in the presence of a [child] minor under [16 years of] the age of 18 at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a [child] minor under [16 years of] the age of 18. It shall not be a defense that the defendant did not know that the [child] minor was present or reasonably believed that the [child] minor was [16] 18 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event. As used in this [act] section, "school or community sponsored youth sports event" means a competition, practice, or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.

g. (1) A person who commits a simple assault as defined in subsection a. of this section, or threatens to do so, against:

(a) a sports official for a school or community sponsored youth sports event while clearly identifiable as being engaged in the performance of the duties of a sports official; while the official is traveling to or from a sports event; or because of the official's status as a sports official; or

(b) a player or participant in a school or community sponsored youth sports event,

is guilty of a crime of the fourth degree and is subject to the penalties set forth in section 2 of P.L. , c. (C. ) pending before the Legislature as this bill). If the victim is a minor under the age of 18, the actor is guilty of a crime of the third degree and is subject to the penalties set forth in section 2 of P.L. , c. (C. ) pending before the Legislature as this bill).

(2) A person who commits an aggravated assault as defined in paragraph (1), (2), (3), or (4) of subsection b. of this section against a sports official, player, or participant as set forth in paragraph (1) of this subsection is guilty of a crime of the third degree and is subject to the penalties set forth in section 2 of P.L. , c. (C. ) pending before the Legislature as this bill).

(3) As used in this section, "sports official" means any person who serves as a referee, umpire, timer, scorer, coach, athletic trainer, manager, or assistant for a school or community sponsored youth sports event, or serves in a similar capacity but may be known by a different title, whether the person is compensated or a volunteer.

(cf: P.L.2021, c.352, s.1)

2. (New section) a. Notwithstanding the provisions of any other law and in addition to any other disposition ordered by the court, a person convicted of a crime of the fourth degree as set forth in subsection g. of N.J.S.2C:12-1 shall be sentenced to:

(1) a fine of not less than $1,000 for a first offense, $5,000 for a second offense, and $10,000 for a third or subsequent offense;

(2) exclusion from all school or community sponsored youth sports events for a period of not less than one year and up to four years; and

(3) participation in anger management training for a period of not less than 20 hours, subject to the discretion of the anger management training facilitator.

b. Notwithstanding the provisions of any other law and in addition to any other disposition ordered by the court, a person convicted of a crime of the third degree as set forth in subsection g. of this section shall, notwithstanding the provisions of any other law, be sentenced to:

(1) a fine of not less than $2,500 for a first offense, $10,000 for a second offense, and $15,000 for a third or subsequent offense;

(2) exclusion from all school or community sponsored youth sports events for a period of not less than two years and up to five years; and

(3) participation in anger management training for a period of not less than 50 hours, subject to the discretion of the anger management training facilitator.

3. N.J.S.2C:33-4 is amended to read as follows:

2C:33-4. Harassment.

Except as provided in subsection e. and f. of this section, a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a. Makes, or causes to be made, one or more communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

d. (Deleted by amendment, P.L.2001, c.443).

e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States or he knowingly directs such action to a current or former judge that relates to the performance of the judge's public duties.

f. A person commits a crime of the fourth degree if the person commits an offense under this section against a sports official, as defined in paragraph (3) of subsection g. of N.J.S.2C:12-1:

(1) while the sports official is engaged in conducting, supervising, refereeing, or officiating at a sanctioned interscholastic, recreational, private, or collegiate sports event;

(2) in the immediate vicinity of a sports event, if the harassment arises out of the sports official's performance in the sports event; or

(3) while the player is engaged in a sports event, and prior to and after the event.

(cf: P.L.2021, c.327, s.1)

4. This act shall take effect on the first day of the fourth month following enactment.

STATEMENT

This bill would increase the penalties for assault and harassment against sports officials and participants under certain circumstances.

SIMPLE ASSAULT. Under current law, a person who commits "simple assault" is guilty of a disorderly persons offense. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both. Current law provides that a person is guilty of a simple 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.

Under the bill, a person who commits simple assault, or threatens to do so, against a sports official for a school or community sponsored youth sports event while clearly identifiable as being engaged in the performance of the duties of a sports official; traveling to or from a sports event; or because of the official's status as a sports official; or against a player or participant in a school or community sponsored youth sports event, is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

The bill defines "sports official" as any person who serves as a referee, umpire, timer, scorer, coach, athletic trainer, manager, or assistant for a school or community sponsored youth sports event, or serves in a similar capacity but may be known by a different title, whether the person is compensated or a volunteer.

SIMPLE ASSAULT AGAINST A MINOR. If the simple assault is committed against a minor under the age of 18, the person is guilty of a crime of the third degree, with additional sentencing provisions as set out in the bill. A crime of the third degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $15,000, or both. Under the bill, a person convicted of this third degree crime is to be sentenced to:

(1) a fine of not less than $2,500 for a first offense, $10,000 for a second offense, and $15,000 for a third or subsequent offense;

(2) exclusion from all school or community sponsored youth sports events for a period of not less than two years and up to five years; and

(3) participation in anger management training of a period of not less than 50 hours, subject to the discretion of the anger management training facilitator

The bill provides that a person sentenced to a crime of the fourth degree for assault against a sports official or participant is to be sentenced to:

(1) a fine of not less than $1,000 for a first offense, $5,000 for a second offense, and $10,000 for a third or subsequent offense;

(2) exclusion from all school or community sponsored youth sports events for a period of not less than one year and up to four years; and

(3) participation in anger management training of a period of not less than 20 hours, subject to the discretion of the anger management training facilitator.

AGGRAVATED ASSAULT. The bill provides that a person who commits an aggravated assault against a sports official, player, or participant is guilty of a crime of the third degree and is subject to the additional penalties set forth in the bill. Current law provides that a person is guilty of aggravated assault if the person:

(1) attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) recklessly causes bodily injury to another with a deadly weapon; or

(4) knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, whether or not the person believes it to be loaded.

A person also is guilty of aggravated assault under current law if the person commits a simple assault against certain persons, such as law enforcement officers, teachers, health care workers, and others.

HARASSMENT. In addition, the bill increases the penalties for harassment if committed against a sports official or participant. Currently, harassment is a petty disorderly persons offense, punishable by a term of imprisonment of up to 30 days, a fine of up to $500, or both. Under the bill, it would be a crime of the fourth degree to commit harassment against a sports official:

(1) while the sports official is engaged in conducting, supervising, refereeing, or officiating at a sanctioned interscholastic, recreational, private, or collegiate sports event;

(2) in the immediate vicinity of a sports event, if the harassment arises out of the sports official's performance in the sports event; or

(3) while the player is engaged in a sports event, and prior to and after the event.