Bill Text: NJ S1878 | 2012-2013 | Regular Session | Introduced
Bill Title: Enhances penalties for false incrimination and making fictitious reports.*
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-10-11 - Received in the Assembly, Referred to Assembly Law and Public Safety Committee [S1878 Detail]
Download: New_Jersey-2012-S1878-Introduced.html
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
SYNOPSIS
Enhances penalties for false incrimination.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning false incrimination and amending N.J.S.2C:28-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:28-4 is amended to read as follows:
2C:28-4. a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the [fourth] third degree, except the offense is a crime of the second degree if the false information which the actor gave or caused to be given would implicate the person in a crime of the first or second degree.
b. Fictitious reports. A person commits a disorderly persons offense if he:
(1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or
(2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.
(cf: N.J.S.2C:28-4)
2. This act shall take effect immediately.
STATEMENT
This bill enhances the penalties for falsely incriminating another person in criminal activity.
Under current law, a person who knowingly gives or causes to be given false information to a law enforcement officer in order to implicate another commits a crime of the fourth degree. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both.
This bill upgrades false incrimination to a crime of the third degree, or a crime of the second degree if the victim was implicated in a crime of the first or second degree. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A crime of the second degree is punishable by five to ten years in prison, a fine of up to $150,000, or both.
False police reports abuse valuable public resources and endanger the entire community by diverting the efforts of law enforcement away from genuine criminal activity. It is the sponsor's hope that enhancing the penalties for this crime will deter persons from filing these reports and squandering public resources.
