STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
SYNOPSIS
Criminalizes mental or emotional hazing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning hazing and amending P.L.1980, c.169.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1980, c.169 (C.2C:40-3) is amended to read as follows:
a. A person is guilty of hazing, a disorderly persons offense, if, in connection with initiation of applicants to or members of a student or fraternal organization, if the person knowingly or recklessly organizes, promotes, facilitates or engages in any conduct, other than competitive athletic events, which places or may place another person in danger of bodily injury.
b. A person is guilty of aggravated hazing, a crime of the fourth degree, if the person commits an act prohibited in subsection a. which results in serious bodily injury to another person.
c. A person is guilty of aggravated hazing, a crime of the fourth degree, if, in connection with initiation of applicants to or members of a student or fraternal organization, the person knowingly or recklessly organizes, promotes, facilitates, or engages in any conduct which results in mental or emotional injury to another person.
(cf: P.L.1980, c.169, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would make it a crime of the fourth degree to commit mental or emotional hazing.
Under current law, it is a disorderly persons offense if, in connection with initiation of applicants to or members of a student or fraternal organization, the person knowingly or recklessly organizes, promotes, facilitates or engages in any conduct, other than competitive athletic events, which places or may place another in danger of bodily injury. A disorderly persons offense is punishable by a fine of up to $1,000, imprisonment of up to six months, or both.
Hazing is upgraded to aggravated hazing, a crime of the fourth degree if this conduct results in serious bodily injury. Fourth degree crimes are punishable by a fine of up to $10,000, imprisonment of up to 18 months, or both.
Under the bill, a person commits fourth degree aggravated hazing if, in connection with the initiation of applicants to or members of a student or fraternal organization, the person knowingly or recklessly organizes, promotes, facilitates, or engages in any conduct which results in mental or emotional injury to another person.
There are many types of hazing that do not result in physical injury, but can cause victims severe mental or emotional distress. For example, mental or emotional hazing can include verbal abuse, use of threats, or requiring certain acts in order to intimidate, embarrass, harasses, degrade, humiliate, or ridicule another. While mental or emotional hazing may be prosecuted under harassment or anti-bullying laws, the purpose of hazing, purportedly to enhance a person’s “self-growth,” rather than damage self-esteem, is different. As such, mental and emotional hazing should be criminalized under the State’s hazing statute.