Bill Text: NJ S4132 | 2024-2025 | Regular Session | Introduced
Bill Title: Creates offense of impersonating first responder; grades offense one degree higher than underlying offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-10 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4132 Detail]
Download: New_Jersey-2024-S4132-Introduced.html
Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Morris and Passaic)
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
SYNOPSIS
Creates offense of impersonating first responder; grades offense one degree higher than underlying offense.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning impersonating first responder and supplementing chapter 28 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person is guilty of a crime if the person impersonates a first responder, assumes a false identity as a first responder, or makes a false or misleading statement regarding their own identity as a first responder for the purpose of committing a crime or offense and commits a crime or offense in such an assumed character or false identity.
b. An offense under subsection a. constitutes a crime of the fourth degree if the underlying offense is a disorderly persons offense or a petty disorderly persons offense. Otherwise, a crime under subsection a. is a crime one degree higher than the most serious underlying crime, except that where the underlying crime is a crime of the first degree, the crime is a first-degree crime.
"First responder" means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance.
2. This act shall take effect immediately.
STATEMENT
This bill creates the new offense of impersonating a first responder for the purpose of aiding the commission of a crime or offense. This bill is similar to N.J.S.A.2C:28-8 which makes it a crime to impersonate a public servant or law enforcement officer with purpose to induce another to submit to such pretended official authority, or to otherwise to act in reliance upon that pretense. A person who commits the new offense is guilty of a crime of the fourth degree if the underlying offense is a disorderly persons offense. Otherwise, the offense is classified one degree higher than the underlying offense, except that where the underlying crime is a crime of the first degree, the offense is a first-degree.
Under the bill, the offense is committed if a person impersonates or dresses as a first responder, assumes a false identity as a first responder, or makes a false or misleading statement regarding their own identity as a first responder for the purpose of committing a crime or offense and commits a crime or offense in such assumed character or false identity. Under the bill, the offense is graded as a crime of the fourth degree if the underlying offense is a disorderly persons offense. Otherwise, a crime under this bill is classified one degree higher than the underlying offense.
This bill is based upon reported instances in California of individuals impersonating first responders, specifically fire fighters battling wildfires, for the purpose of committing various crimes amid the chaos and turmoil.
The November 2024 drought warning status declared by Governor Murphy and New Jersey Department of Environmental Protections Commissioner LaTourette remains in effect for New Jersey. With that status, the risk for wildfires and other public health risks requiring the assistance and presence of fire and first responder personnel persists. It is the sponsors' view that taking advantage of a crisis situation to commit criminal acts warrants enhanced penalties.
