Sponsored by:
Assemblywoman CAROLINE CASAGRANDE
District 11 (Monmouth)
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblywoman DONNA M. SIMON
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman JAY WEBBER
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Upgrades offense of endangering welfare of incompetent person; establishes new crime of enticing certain disabled persons to commit act likely to be injurious to their own welfare.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning offenses against certain disabled persons, amending N.J.S.2C:24-7 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:24-7 is amended to read as follows:
2C:24-7. Endangering the welfare of an incompetent person.
A person is guilty of a [disorderly persons offense] crime of the fourth degree when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself because of mental disease or defect.
(cf: P.L.1978, c.95, s.2C:24-7)
2. (New section) A person is guilty of a crime of the fourth degree if he knowingly lures or entices a person to commit an act that is likely to be injurious to the physical, mental, or moral welfare of that person when the actor knows or reasonably should know that the person has a mental disease or defect which renders the person temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.
3. This act shall take effect immediately.
STATEMENT
Under current law, set out in N.J.S.A.2C:24-7, a person is guilty of a disorderly persons offense if he “knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself because of mental disease or defect.” This bill would upgrade the offense to a crime of the fourth degree.
The bill would also establish a new crime concerning enticing certain disabled persons to commit acts that are likely to be harmful to themselves. Under the bill, it would be a crime of the fourth degree to knowingly lure or entice a person to commit an act that is likely to be injurious to the physical, mental, or moral welfare of that person when the actor knows or reasonably should know that the person has a mental disease or defect which renders the person temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.