SENATE, No. 1270
STATE OF NEW JERSEY
INTRODUCED JUNE 3, 1996
By Senators O'CONNOR, Sacco and Adler
An Act concerning the sale and possession of certain knives, and supplementing chapter 39 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. As used in this act, "utility knife" means any knife consisting of a razor blade which is contained within or attached to a plastic or metal housing. The razor blade may or may not be retractable within that housing. The term shall include, but not be limited to, "box cutters" and "box cart cutters."
b. A person who sells, attempts to sell, gives, transfers, or otherwise disposes of a utility knife to a person who is under 18 years of age shall be guilty of a crime of the fourth degree. The provisions of this subsection shall not apply:
(1) In the case of an employer who temporarily transfers a utility knife to an employee under 18 years of age so that employee may perform a specified task; provided, however, the employer shall be liable under this subsection for failing to collect the utility knife from that employee at the end of the workday or specified task, whichever occurs first; or
(2) The accused can establish by a preponderance of the evidence (a) that the purchaser or transferee falsely represented his age by producing a driver's license bearing a photograph of the licensee, or by producing a photographic identification card issued pursuant to section 1 of P.L.1968, c.313 (C.33:1-81.2) or by producing a similar card purporting to be a valid identification card indicating that he was 18 years of age or older, and (b) that the appearance of the purchaser was such that an ordinary prudent person would believe him to be 18 years of age or older, and (c) that the sale or transfer was made in good faith relying upon the indicators of age listed in paragraphs (a) and (b) of this subsection.
c. Any person who knowingly possesses any utility knife while in or upon any part of the buildings or grounds of any school or school property used for school purposes which is owned by or leased to any elementary or secondary school or school board is guilty of a crime of the fourth degree.
2. This act shall take effect immediately.
STATEMENT
This bill establishes the sale and possession of utility knives by persons under the age of 18 years as a crime of the fourth
degree. It also prohibits the possession of utility knives by any person on school grounds. A person convicted of possessing a utility knife on school property would be guilty of a crime of the fourth degree.
Although the bill affords no exceptions to the prohibition against possessing a utility knife on school property, it does provide two affirmative defenses for persons charged with selling or transferring utility knives to persons under the age of 18 years. The first permits the temporary transfer of a utility knife from an employer to an underage employee so that employee may perform a specific task. This defense only is valid, however, if the employer collects the utility knife from the employee at the end of the workday or when the specific task is completed, whichever occurs first. The second applies to a person who in good faith unknowingly sells a utility knife to an underage person because that person displayed a seemingly valid form of photo identification.
Prohibiting the sale and possession of utility knives by young people is critically important. Utility knives are knives which consist of a razor blade that is attached to or contained within a plastic or metal housing. Depending on the design, the razor blade may be retractable. Utility knives are fast becoming the "weapon of choice" among young people. They are cheap; readily available at a wide variety of stores, building supply outlets, and hardware centers; easy to conceal; frighteningly dangerous; and potentially deadly.
Prohibits sale and possession of utility knives by persons under 18 years of age.