ASSEMBLY, No. 4250

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED OCTOBER 13, 2016

 


 

Sponsored by:

Assemblyman  DAVID P. RIBLE

District 30 (Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Establishes fourth degree crime of providing locksmithing services without license under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning locksmiths and supplementing chapter 21 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 of the fourth degree if that person knowingly provides locksmithing services without having a locksmith license issued by the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee, and:

     (1)   creates or reinforces a false impression of being licensed as a locksmith;

     (2)   derives a benefit, the value of which is more than incidental; or

     (3)   in fact causes injury to another.

     b.    For the purposes of this section, the phrase “in fact” indicates strict liability.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

This bill makes it a crime of the fourth degree for knowingly providing locksmithing services without having a locksmith license issued by the Fire Alarm, Burglar Alarm and Locksmith Advisory Committee, and: (1) creating or reinforcing a false impression of being licensed as a locksmith; (2) deriving a benefit, the value of which is more than incidental; or (3) in fact causing injury to another.  A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both.

For the purposes of the bill, the phrase "in fact" indicates strict liability. Without this phrase, a prosecution would require proof beyond a reasonable doubt that the defendant acted purposely, knowingly, recklessly, or negligently in causing injury to another. Therefore, under this bill, a person who knowingly provides locksmithing services without having a locksmith license and causes injury to another is guilty of a crime of the fourth degree regardless of the intent in causing the injury.