Bias Intimidation in New Jersey

N.J.S.A. 2C:16-1 · Assault, Homicide & Violent Offenses

What the law says

A person commits bias intimidation by committing, attempting, conspiring to commit, or threatening the immediate commission of a specified offense with the required bias-related purpose or knowledge. It may also apply when the circumstances intimidate a victim who reasonably believes the victim or the victim’s property was targeted because of a listed characteristic.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:16-1, that means:

• The defendant committed, attempted to commit, conspired with another to commit, or threatened the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:28-4; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-5.
• The defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or
• The defendant knew that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or
• The circumstances caused a victim of the underlying offense to be intimidated, and, considering the manner in which the offense was committed, the victim reasonably believed that the offense was committed with a purpose to intimidate the victim or a person or entity in whose welfare the victim is interested because of a listed characteristic, or that the victim or the victim’s property was selected as the target because of a listed characteristic.

How the charge is graded

• Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense.
• Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a.
• Where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime.

Penalties in the statute

• Where the underlying crime is a crime of the first degree, the defendant upon conviction may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.
• In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order the person convicted to complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights.
• A court may order the person convicted to complete a counseling program intended to reduce the tendency toward violent and antisocial behavior.
• A court may order the person convicted to make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity gives rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of one of those characteristics.
• It is not a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. is based solely upon the gender of the victim.
• A conviction for bias intimidation shall not merge with a conviction of any underlying offense referred to in subsection a., nor shall a conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences for the convictions.
• "Gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.
• It is not a defense to prosecution that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-823-1117 for a free, confidential consultation about your Bias Intimidation charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.