In New Jersey, bias intimidation is an offense that elevates underlying crimes based on a perpetrator’s prejudiced motives. When a person is targeted because of their identity, the impact extends beyond the individual to affect entire communities. This article provides an overview of New Jersey’s bias intimidation statute, outlining the key elements, penalties, and how to seek help if you are a victim.
Defining Bias Intimidation in New Jersey
Bias intimidation, often called a hate crime, is defined under New Jersey law in statute N.J.S.A. 2C:16-1. The law makes it a distinct offense to commit, attempt, or threaten another crime with the purpose of intimidating a person or group because of a protected characteristic. The core of the offense is not just the criminal act—such as assault or vandalism—but the biased motivation behind it.
This means an act of criminal mischief, like spray-painting graffiti, becomes the more serious crime of bias intimidation if the graffiti includes hateful symbols targeting a specific race or religion. The statute allows for a judge or jury to infer the intent to intimidate if evidence shows the victim was targeted because of their protected status. This provision helps prosecutors establish motive even without a direct admission from the defendant.
Protected Characteristics Under New Jersey Law
New Jersey’s bias intimidation law explicitly lists the personal characteristics that are protected. An individual is protected if a crime is committed against them because of their race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. These protections are comprehensive, covering a wide range of identities that have historically faced discrimination, and the inclusion of “gender identity or expression” ensures that transgender and gender-nonconforming individuals are explicitly covered.
Elements of a Bias Intimidation Offense
For a person to be convicted of bias intimidation in New Jersey, the prosecution must prove two fundamental elements beyond a reasonable doubt. The first is that an underlying criminal offense was committed, attempted, or threatened. These predicate offenses are listed throughout the state’s criminal code and can include acts like harassment, assault, terroristic threats, or criminal mischief.
The second, and defining, element is the defendant’s state of mind. The state must demonstrate that the defendant committed the underlying offense with the “purpose to intimidate” an individual or group because of a protected characteristic. Proving that a victim was selected because of their race, religion, or other protected status is central to a conviction.
Penalties for Bias Intimidation
The penalties for bias intimidation in New Jersey are substantial. A bias intimidation conviction is graded one degree higher than the underlying offense committed. For instance, if the connected crime was a disorderly persons offense, the charge would be elevated to a fourth-degree crime, punishable by up to 18 months in prison.1Justia. New Jersey Revised Statutes Section 2C:43-6 (2024) – Sentence of imprisonment for crime; ordinary terms; mandatory terms. At a minimum, bias intimidation is always a fourth-degree felony-level offense.
Fines are also substantial, with maximums set at $10,000 for a fourth-degree crime, $15,000 for a third-degree crime, $150,000 for a second-degree crime, and $200,000 for a first-degree offense.2Justia. New Jersey Revised Statutes Section 2C:43-3 (2024) – Fines and restitutions If the underlying crime was already a first-degree offense, a conviction for bias intimidation can lead to a prison sentence of 15 to 30 years. Importantly, sentences for bias intimidation and the underlying offense do not merge; they run consecutively, meaning a defendant serves time for both crimes separately.3Justia. New Jersey Revised Statutes Section 2C:16-1 (2024) – Bias intimidation. Courts can also order sensitivity training, counseling, and payments to victim support organizations.
Reporting Bias Intimidation and Victim Resources
Individuals who have experienced or witnessed bias intimidation have several avenues for reporting. The first and most immediate option is to contact the local police department; in an emergency, always call 911. Every police department in New Jersey has at least one designated bias officer to act as a liaison. If an individual is uncomfortable reporting to local police, they can contact their County Prosecutor’s Office, as each has a specialized Bias Crimes Unit responsible for investigating these incidents.4Essex County Prosecutor’s Office. Professional Standards Bureau Corruption and Bias Crimes
State-level resources are also available. The New Jersey Attorney General’s Office provides a toll-free hotline at 1-800-277-BIAS (2427) and an online portal at bias.njcivilrights.gov for reporting. Reports can be made anonymously and are reviewed by multiple levels of law enforcement. Victims may also be referred to the Division on Civil Rights or victim advocacy groups for support services.