LEGISLATIVE FISCAL ESTIMATE

ASSEMBLY, No. 3561

STATE OF NEW JERSEY

221st LEGISLATURE

 

DATED: JANUARY 21, 2025

 

 

SUMMARY

 

Synopsis:

Establishes crime of doxxing.

Type of Impact:

Annual State expenditure and revenue increases; annual local expenditure increases.

Agencies Affected:

Department of Law and Public Safety; County Prosecutors; the Judiciary; Office of the Public Defender; Department of Corrections; State Parole Board.

 

 

Office of Legislative Services Estimate

Fiscal Impact

 

Annual 

 

 

State Cost Increase

 

Indeterminate

 

 

State Revenue Increase

 

Indeterminate

 

 

Local Cost Increase

 

Indeterminate

 

 

 

 

 

·         The Office of Legislative Services (OLS) concludes that establishing doxxing as a crime would result in an indeterminate increase in annual State and local expenditures.  The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to know how many individuals will be prosecuted, tried, and sentenced for the crime established by the bill.  

·         The following State and local agencies would or may incur caseload and expenditure increases: a) the Department of Law and Public Safety would provide guidance and other information related to the prosecution of the cases; b) county prosecutors would have to prosecute additional cases; c) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; d) the Office of the Public Defender would have to represent additional low income criminal defendants; e) the Department of Corrections may have to house and care for more individuals in cases where the sentencing involves incarceration; and f) the State Parole Board may have to supervise the return to society of additional convicts.  The OLS notes, however, that a presumption of non-incarceration generally applies to first time offenders of crimes of the third and fourth degree.

·         The OLS also notes that the State may receive indeterminate revenue from fines imposed on individuals convicted of this crime; however, the State’s ability to collect fines has historically been limited.

BILL DESCRIPTION

 

      This bill establishes the crime of doxxing.  Under the bill, doxxing occurs if a person, with the purpose to subject another person, or a close relation of that person, to unlawful force, violence, stalking, physical restraint, mental anguish, or to cause a person to reasonably fear for their own safety or that of another, knowingly discloses personal identifying information without the person’s consent via an electronic device or through a social networking site. 

      Doxxing is a crime of the fourth degree unless the disclosure results in any serious bodily injury, physical harm, or stalking, in which case it is a crime of the third degree.  A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.  A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that establishing doxxing as a crime would result in an indeterminate increase in annual State and local expenditures.  The OLS lacks sufficient information to quantify the fiscal impact, as it is not possible to know how many individuals will be prosecuted, tried, and sentenced for the crime established by the bill.

      The following State and local agencies would or may incur caseload and expenditure increases: a) the Department of Law and Public Safety would provide guidance and other information related to the prosecution of the cases; b) county prosecutors would have to prosecute additional cases; c) the Judiciary would have to adjudicate additional complaints and monitor additional probationers; d) the Office of the Public Defender would have to represent additional low income criminal defendants; e) the Department of Corrections may have to house and care for more individuals in cases where the sentencing involves incarceration; and f) the State Parole Board may have to supervise the return to society of additional convicts.  The OLS notes that there could be instances in which the Department of Law and Public Safety prosecutes the cases, under special circumstances. 

      Although establishing a separate crime of doxxing may increase the number of individuals prosecuted under the offense, instances of doxxing may already be prosecuted pursuant to current law under crimes such as cyber harassment, stalking, and disclosure of information, under current statute.  Moreover, a presumption of non-incarceration generally applies to first time offenders of crimes of the third and fourth degree.  The OLS notes that to the extent the bill results in additional incarcerations, the Department of Corrections would incur costs.  Based on information provided by the Department of Corrections, the FY 2023 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,574, with an average daily cost of $207.  

      The OLS also notes the State may receive indeterminate revenue from fines imposed on individuals convicted of this crime; however, the State’s ability to collect fines has historically been limited.

 

Section:

Judiciary

Analyst:

Anuja Pande Joshi

Senior Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).