Sponsored by:
Senator MICHAEL L. TESTA, JR.
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Criminalizes participation in criminal street gang.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal street gangs and supplementing chapter 33 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A person commits a crime of the fourth degree if the person knowingly and actively participates in a criminal street gang and purposely promotes, furthers or assists others participating in the criminal street gang in the commission of one or more of the following offenses: robbery; carjacking; aggravated assault; assault; aggravated sexual assault; sexual assault; arson; burglary; kidnapping; extortion; tampering with witnesses and informants; or a violation of chapter 11, sections 3, 4, 5, 6, or 7 of chapter 35, or chapter 39 of Title 2C of the New Jersey Statutes. For the purposes of this act, the term “criminal street gang” shall have the same meaning as provided in section 1 of P.L.2007, c.341 (C.2C:33-29).
2. This act shall take effect immediately.
STATEMENT
This bill would make it a crime of the fourth degree to knowingly and actively participate in a criminal street gang and to purposely promote, further or assist others participating in the criminal street gang in the commission of certain offenses. Those offenses are: robbery; carjacking; aggravated assault; assault; aggravated sexual assault; sexual assault; arson; burglary; kidnapping; extortion; tampering with witnesses and informants; or a violation of chapter 11 (homicide), sections 3, 4, 5, 6, or 7 of chapter 35 (controlled dangerous substances), or chapter 39 (firearms and weapons) of Title 2C of the New Jersey Statutes. Fourth degree crimes are punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both.
As used in the bill, “criminal street gang” has the same definition as provided in section 1 of P.L.2007, c.341 (C.2C:33-29). Under that definition, criminal street gang means three or more persons associated in fact. Individuals are associated in fact if: (1) two of the following seven criteria that indicate criminal street gang membership apply: (a) self-proclamation; (b) witness testimony or official statement; (c) written or electronic correspondence; (d) paraphernalia or photographs; (e) tattoos; (f) clothing or colors; (g) any other indicia of street gang activity; and (2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed or conspired or attempted to commit, within the preceding five years from the date of the present offense, excluding any period of imprisonment, one or more offenses on separate occasions of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants or a violation of chapter 11, section 3, 4, 5, 6, or 7 of chapter 35 or chapter 39 of Title 2C of the New Jersey Statutes.