TRENTON, NJ – In response to recent disturbances at the shore, New Jersey legislators have introduced a comprehensive bill aimed at expanding and clarifying laws against rioting and related violent crimes. The proposed legislation modifies several aspects of the existing statutes to address both the actions during riots and the legal consequences from those actions.
“Riots and vandalism will drive visitors away and devastate the summer season. As a state, we cannot afford that,” said shore Senator Robert Singer. “Make no mistake, these are not peaceful gatherings. Organizers solicit young people to come out and cause trouble. They create situations that are volatile and dangerous. Under our legislation, we can stop these riots before they get out of hand.”
The bill specifically revises N.J.S.2C:33-1, enhancing the definition of a riot to involve three or more persons engaged in violent conduct that results in injury, damage, or a clear risk thereof. Notably, the use of a firearm or deadly weapon during such events upgrades the offense to a third-degree crime, which carries penalties of up to five years in prison or fines up to $15,000.
Further expansions include the establishment of ‘aggravated riot’ and ‘inciting a riot’ categories, with aggravated riot defined by participation of 25 or more individuals or causing serious injury or significant property damage. These offenses can lead to second-degree crime charges, potentially resulting in up to ten years of imprisonment and fines up to $150,000.
“The dreadful activity in Ocean City was completely out of control and totally unacceptable. It was yet another preventable incident, and it should never have happened, but the Legislature dropped the ball,” said Senator Joe Pennacchio. “Our bill would provide communities and law enforcement with the tools necessary to combat these riots. If it was passed when it was introduced, maybe we wouldn’t be worrying about the next ‘event’ that could erupt in violence, property damage and business interruption during the crucial summer season. This will continue to happen until the legislative leaders in Trenton step up.”
Additionally, the bill introduces a new framework for handling individuals charged under these statutes, requiring them to be held until a pretrial detention hearing takes place. This aims to ensure that those accused of severe public disturbances face timely legal proceedings.
Modifications to other related statutes include tougher penalties for obstructing public ways, enhanced definitions of assault and criminal mischief during riots, and stricter measures against burglary and theft during such events. The bill also creates new offenses related to mob and cyber-intimidation, with specific penalties outlined for these acts.
Aligned with measures from a similar 2021 Florida law, this bill also provides for an affirmative defense for injuries or damages incurred by riot participants, and a procedure to appeal proposed reductions in law enforcement funding. This comprehensive approach underscores New Jersey’s commitment to addressing the complexities of public disturbances while safeguarding constitutional rights to peaceful assembly.