A4277

An Act concerning assault, amending N.J.S.2C:12-1 and P.L.2023, c.48, and supplementing Title 2C of the New Jersey Statutes.

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

1. N.J.S.2C:12-1 is amended to read as follows:

2C:12-1. Assault. a. Simple assault. A person is guilty of assault if the person:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Where a simple assault is committed upon a person as provided for in sections 5 through 12 of P.L. , c. (pending before the Legislature as this bill), the defendant shall be charged with a higher degree of crime in accordance with the applicable section.

b. Aggravated assault. A person is guilty of aggravated assault if the person:

(1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury. A violation of this paragraph is a crime of the second degree; or

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. A violation of this paragraph is a crime of the third degree; or

(3) Recklessly causes bodily injury to another with a deadly weapon. A violation of this paragraph is a crime of the fourth degree; or

(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of another, whether or not the actor believes it to be loaded. A violation of this paragraph is a crime of the fourth degree; or

(5) [Commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of this section upon:

(a) Any law enforcement officer acting in the performance of the officer’s duties while in uniform or exhibiting evidence of authority or because of the officer’s status as a law enforcement officer; or

(b) Any paid or volunteer firefighter acting in the performance of the firefighter’s duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a firefighter; or

(c) Any person engaged in emergency first-aid or medical services acting in the performance of the person’s duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d) Any school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person's duties or because of the person’s status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person’s duties or because of the person’s status as a school bus driver; or

(e) Any employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of the employee’s duties or because of the status as an employee of the division; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of the status as a member of the judiciary; or

(g) Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of the person’s duties or because of the status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or

(h) Any Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of the person’s duties while in uniform or exhibiting evidence of the person’s authority or because of the status as a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer, sheriff, undersheriff, or sheriff’s officer; or

(i) Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the “Cable Television Act,” P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of the employee’s duties in regard to connecting, disconnecting, or repairing or attempting to connect, disconnect, or repair any gas, electric, or water utility, or cable television or telecommunication service; or

(j) Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; or

(k) Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or

(l) Any employee of a store or other retail mercantile establishment while clearly identifiable as being engaged in the performance of the person’s duties. “Store or other retail mercantile establishment” means the same as such term is defined in N.J.S.2C:20-11. “Employee” means any person who provides customer assistance, store management, visual merchandising, loss prevention or security services, whether in uniform or in plain clothes, or who acts as a cashier, salesperson, or team associate or otherwise interacts with customers for or on behalf of the store or other retail mercantile establishment; or] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. A violation of this paragraph is a crime of the second degree. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury. A violation of this paragraph is a crime of the third degree; or

(8) [Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this paragraph, “emergency services personnel” shall include, but not be limited to, any paid or volunteer firefighter, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(9) [Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(10) [Knowingly points, displays or uses an imitation firearm, as defined in subsection v. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten, or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(11) [Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of the officer’s duties while in uniform or exhibiting evidence of the officer’s authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm; or] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(12) Attempts to cause significant bodily injury or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19). A violation of this paragraph is a crime of the third degree. Notwithstanding the provisions of subsection e. of N.J.S.2C:44-1, the presumption of non-imprisonment shall not apply; or

(13) Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury. A violation of this paragraph is a crime of the second degree.

[Aggravated assault under paragraphs (1) and (6) of subsection b. of this section is a crime of the second degree; under paragraphs (2), (7), (9), and (10) of subsection b. of this section is a crime of the third degree; under paragraphs (3) and (4) of subsection b. of this section is a crime of the fourth degree; and under paragraph (5) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree, except:

any aggravated assault under subparagraph (g) of paragraph (5) of subsection b. of this section shall be a crime of the third degree; and

any aggravated assault of a law enforcement officer under subparagraph (a) of paragraph (5) of subsection b. of this section resulting in serious bodily injury shall be a crime of the second degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction for assaulting a law enforcement officer under subparagraph (a) of paragraph (5) of subsection b. of this section shall not merge with a conviction for any other criminal offense. A mandatory term of incarceration pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall not apply to a conviction for aggravated assault of a law enforcement officer under subparagraph (a) of paragraph (5) of subsection b. of this section unless the assault resulted in serious bodily injury to the officer. A person charged with aggravated assault of a law enforcement officer under subparagraph (a) of paragraph (5) of subsection b. of this section resulting in serious bodily injury shall be ineligible to apply for admission to a program of supervisory treatment pursuant to the provisions of N.J.S.2C:43-12 through 2C:43-22.

Aggravated assault under paragraph (8) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under paragraph (11) of subsection b. of this section is a crime of the third degree. Aggravated assault under paragraph (12) of subsection b. of this section is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply. Aggravated assault under paragraph (13) of subsection b. of this section is a crime of the second degree.]

c. [(1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly.

(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

(4) Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results. For purposes of this paragraph, “driving a vehicle in an aggressive manner” shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

As used in this subsection, “vessel” means a means of conveyance for travel on water and propelled otherwise than by muscular power.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

d. [A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

e. (Deleted by amendment, P.L.2001, c.443)

f. [A person who commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event. As used in this act, “school or community sponsored youth sports event” means a competition, practice, or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2025, c.39, s.3)

2. (New section) Assault by auto or vessel.

a. As used in this section:

“Driving a vehicle in an aggressive manner” means, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

“Vessel” means a means of conveyance for travel on water and propelled otherwise than by muscular power.

b. A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results, and is a disorderly persons offense if bodily injury results.

c. Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results, and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

d. Assault by auto or vessel in violation of subsection c. of this section is a crime one degree higher than that provided in subsection c. of this section if the violation occurs while:

(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

e. Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results.

f. It shall be no defense to a prosecution for a violation of paragraphs (1) or (2) of subsection d. of this section that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under paragraphs (1) or (2) of subsection d. of this section that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

3. Section 4 of P.L.2023, c.48 (C.2C:12-1b) is amended to read as follows:

4. a. In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment pursuant to N.J.S.2C:43-6, the court may order any defendant who commits an assault pursuant to N.J.S.2C:12-1 or section 5 of P.L. , c. (pending before the Legislature as this bill) against any health care professional, volunteer working for a health care professional or working at a health care facility, supportive services staff member working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility, while the health care professional, volunteer, supportive services staff member, or employee is performing official duties, to satisfactorily complete an anger management course.

b. The court may order a defendant to participate in an anger management course of up to 12 months duration pursuant to this section.

c. A defendant shall pay the enrollment cost of an anger management course ordered pursuant to this section.

d. A defendant sentenced to an anger management course pursuant to this section shall have one year to comply with the court order. Failure to satisfactorily complete the course within one year shall constitute a violation of the order. Any defendant who fails to comply with the court order requiring an anger management course may be subject to an additional penalty of up to $500.

e. The Administrative Office of the Courts shall develop and approve a list of eligible anger management courses that may provide anger management services to any person ordered to participate pursuant to this section.

f. The Administrative Office of the Courts shall establish standards and procedures for certification of anger management courses required pursuant to this section.

(cf: P.L.2023, c.48, s.4)

4. Section 5 of P.L.2023, c.48 (C.2C:12-1c) is amended to read as follows:

5. a. Notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or any fine imposed pursuant to N.J.S.2C:43-3, a defendant convicted of assault, pursuant to N.J.S.2C:12-1 or section 5 of P.L. , c. (pending before the Legislature as this bill), against any health care professional, volunteer working for a health care professional or working at a health care facility, supportive services staff member working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility, while the health care professional, volunteer, supportive services staff member, or employee is performing official duties, may be sentenced to community service.

b. The court may order the defendant to perform community service pursuant to this section in lieu of part of the defendant’s period of incarceration. The court may impose a term of community service of up to 30 days.

c. The Administrative Office of the Courts shall establish standards and procedures for the certification of community service organizations and providers to which a defendant may be sentenced pursuant to this section.

(cf: P.L.2023, c.48, s.5)

5. (New section) Assault against healthcare professionals.

a. Except as otherwise provided in subsection b. of this section, simple assault as defined in paragraphs (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree, where the victim is a health care professional, volunteer working for a health care professional or working at a health care facility, supportive services staff member working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility, while the health care professional, volunteer, supportive services staff member, or employee is performing official duties.

b. Simple assault as defined in paragraphs (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree, where the victim is a direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, but shall not apply if the actor is a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability.

6. (New section) Assault against law enforcement officers.

a. Simple assault as defined in paragraphs (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the second degree if the victim suffers serious bodily injury, a crime of the third degree if the victim suffers bodily injury, or otherwise is a crime of the fourth degree, where the victim is a law enforcement officer acting in the performance of the officer’s duties while in uniform or exhibiting evidence of authority or because of the officer’s status as a law enforcement officer.

b. A person is guilty of aggravated assault, a crime of the third degree, if the person:

(1) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(2) Knowingly points, displays or uses an imitation firearm, as defined in subsection v. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten, or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or

(3) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of the officer’s duties while in uniform or exhibiting evidence of the officer’s authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for assaulting a law enforcement officer under subsection a. of this section shall not merge with a conviction for any other criminal offense. A mandatory term of incarceration pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall not apply to a conviction for assaulting a law enforcement officer under subsection a. of this section unless the assault resulted in serious bodily injury to the officer. A person charged with assaulting a law enforcement officer under subsection a. of this section resulting in serious bodily injury shall be ineligible to apply for admission to a program of supervisory treatment pursuant to the provisions of N.J.S.2C:43-12 through 2C:43-22.

7. (New section) Assault against first responders.

a. As used in this section, “emergency services personnel” means:

(1) Any paid or volunteer firefighter acting in the performance of the firefighter’s duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a firefighter; or

(2) Any person engaged in emergency first-aid or medical services acting in the performance of the person’s duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services.

b. Simple assault as defined in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree, where the victim is a member of emergency services personnel.

c. A person commits aggravated assault if the person causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. A violation of this subsection is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel.

8. (New section) Assault in school and youth sports settings.

a. Simple assault as defined in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree, where the victim is a school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person's duties or because of the person’s status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person’s duties or because of the person’s status as a school bus driver.

b. (1) As used in this subsection, “school or community sponsored youth sports event” means a competition, practice, or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.

(2) A person who commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event.

9. (New section) Assault against certain public employees.

Simple assault as defined in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree, where the victim is:

a. An employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of the employee’s duties or because of the status as an employee of the division; or

b. A justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of the status as a member of the judiciary; or

c. An employee of the Supreme Court, Superior Court, Tax Court, or any municipal court, a prosecutor, an employee of the Office of the Public Defender, or a municipal public defender; or

d. A Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of the person’s duties while in uniform or exhibiting evidence of the person’s authority or because of the status as a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer, sheriff, undersheriff, or sheriff’s officer.

10. (New section) Assault against rail and bus operators.

Simple assault as defined in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the third degree where the victim is an operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of the person’s duties or because of the status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service.

11. (New section) Assault against certain business employees.

a. As used in this section:

“Store or other retail mercantile establishment” means the same as such term is defined in N.J.S.2C:20-11.

“Employee” means any person who provides customer assistance, store management, visual merchandising, loss prevention or security services, whether in uniform or in plain clothes, or who acts as a cashier, salesperson, or team associate or otherwise interacts with customers for or on behalf of the store or other retail mercantile establishment.

(1) An employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the “Cable Television Act,” P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of the employee’s duties in regard to connecting, disconnecting, or repairing or attempting to connect, disconnect, or repair any gas, electric, or water utility, or cable television or telecommunication service; or

(2) An employee of a store or other retail mercantile establishment while clearly identifiable as being engaged in the performance of the person’s duties.

12. (New section) Assault against certain vulnerable persons.

Simple assault as defined in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the fourth degree where the actor is employed by a facility as defined in subsection f. of section 2 of P.L.1977, c.239 (C.52:27G-2) and the victim is a long-term care resident or elderly person as defined in subsection i. of section 2 of P.L.1977, c.239 (C.52:27G-2).

13. This act shall take effect on the first day of the third month next following enactment, except that the Attorney General and the Administrative Director of the Courts may take such anticipatory action as may be necessary for the timely implementation of this act.

STATEMENT

This bill amends and reorganizes the statutes concerning assault and aggravated assault by delineating existing provisions for aggravated assault, based on the nature of the assault and the category of the victim, into individual statutes. Additionally, the bill adds a new provision concerning assault committed against court staff, prosecutors, and public defenders.

Under current law, simple assault is ordinarily a disorderly persons offense or petty disorderly persons offense, but is upgraded to aggravated assault in certain circumstances, typically where the victim is a member of a protected category of persons, such as health care workers, first responders, law enforcement officers, judges, teachers, and certain others. Additionally, the penalty for aggravated assault can vary depending on both the nature of the assault and the victim. For example, aggravated assault involving the pointing of a firearm is a crime of the fourth degree; aggravated assault against a domestic violence victim is a crime of the third degree, and aggravated assault involving strangulation is a crime of the second degree.

Under the bill, the assault statute is amended to simplify its provisions by placing the language concerning upgraded penalties in better context with the circumstances that trigger such upgraded penalties. Further, where simple assault against a member of a protected category of persons, such as health care workers, first responders, law enforcement officers, judges, teachers, and certain others, is upgraded to aggravated assault, these provisions are separated and re-codified as standalone sections. Additionally, the bill separates and re-codifies assault by auto into a standalone section.

Finally, the bill upgrades simple assault to aggravated assault when it is committed against court staff, including prosecutors and public defenders.

It should be noted that N.J.S.A.2C:12-1 was originally enacted in 1979, but has been heavily amended since. In the sponsor’s view, this reorganization of the assault statute allows for improved readability, which is in the interest of law enforcement, judges, attorneys, and the public.