Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Co-Sponsored by:
Assemblyman Fiocchi
SYNOPSIS
Upgrades crime of false public alarm under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain types of false public alarms and amending N.J.S.2C:33-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:33-3 is amended to read as follows:
2C:33-3. False Public Alarms. a. (1) Except as otherwise provided in [subsection b. or c. of] this section, a person is guilty of a crime of the third degree if he initiates or circulates a report or warning of an impending fire, explosion, [bombing,] crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm. A person is guilty of a crime of the second degree if the false alarm involves a report or warning of an impending bombing, hostage situation, or person armed with a deadly weapon as defined by subsection c. of N.J.S.2C:11-1.
(2) A person is guilty of a crime of the third degree if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.
b. A person is guilty of a crime of the second degree if in addition to the report or warning initiated, circulated or transmitted under subsection a. of this section, he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm. A violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.
c. A person is guilty of a crime of the second degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency. A person is guilty of a crime of the first degree if a violation of subsection a. of this section in fact results in death.
d. For the purposes of this section, "in fact" means that strict liability is imposed. It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the person's acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the actor. The actor shall be strictly liable upon proof that the crime occurred during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.
e. A person is guilty of a crime of the fourth degree if the person knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.
(cf: P.L.2002, c.26, s.16)
2. This act shall take effect immediately.
STATEMENT
This bill would upgrade the crime of false public alarm to a crime of the second degree whenever the act involves a false report or warning of an impending bombing, hostage situation, or person armed with a firearm or other deadly weapon capable of producing death or serious bodily injury (defined under N.J.S.2C:11-1, subsection c.).
Under current law, such an act is ordinarily a crime of the third degree, punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. The responsible party would also be liable for a civil penalty of $2,000 or the actual costs incurred by or resulting from the law enforcement and emergency services response to the false alarm. P.L.1999, c.195, s.3 (C.2C:33-3.2).
The crime as upgraded would be punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both, and the responsible party would remain liable for the above described civil penalty.
The intent of the sponsor is to address a particularly troublesome form of false public alarm sometimes referred to as “swatting.” This act involves the presentment of a false report or warning that includes an especially dangerous scenario, such as an armed gunman or hostage-taker, leading to an immediate and heightened response by law enforcement and other emergency personnel, sometimes including specially trained officers, such as a SWAT team, or other advanced responders.