C. 2C:12-12 and


P.L. 1997, CHAPTER 182, approved August 1, 1997

Assembly, No. 1598 (Second Reprint)





An Act concerning certain acts of inmates and parolees and supplementing chapter 12 of Title 2C of the New Jersey Statutes.


    Be It Enacted by the Senate and General Assembly of the State of New Jersey:


    1. As used in this act:

    "Bodily fluid" means saliva, blood, urine, feces, seminal fluid or any other bodily fluid.

    "Department of Corrections employee" means any corrections officer, parole officer or other employee of the New Jersey Department of Corrections and any person under contract to provide services to the department.


    2. A person who throws a bodily fluid at a Department of Corrections employee 2while in the performance of his duties2 or otherwise purposely subjects such employee to contact with a bodily fluid commits an aggravated assault. If the victim suffers bodily injury, this shall be a crime of the third degree. Otherwise, this shall be a crime of the fourth degree 2[, in which case the offender shall serve a minimum term of imprisonment of 12 months]2. A term of imprisonment imposed for this offense shall run consecutively to any term of imprisonment currently being served and to any other term imposed for another offense committed at the time of the assault. 1Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation or attempted violation of chapter 11 of Title 2C of the New Jersey Statutes or subsection b. of N.J.S. 2C:12-1 or any other provision of the criminal laws.1

    3. This act shall take effect immediately.



Makes throwing bodily fluid at corrections officer an aggravated assault.