Sponsored by:

Assemblyman JERRY GREEN

District 22 (Middlesex, Somerset and Union)

Assemblyman JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

Co-Sponsored by:

Assemblywoman Stender, Assemblymen Conaway and Diegnan

SYNOPSIS

Clarifies that using an animal to cause bodily injury to another constitutes assault with a deadly weapon.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning assault and amending N.J.S.2C:11-1.

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

1. N.J.S.2C:11-1 is amended to read as follows:

2C:11-1. Definitions.

In chapters 11 through 15, unless a different meaning plainly is required:

a. "Bodily injury" means physical pain, illness or any impairment of physical condition;

b. "Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ;

c. "Deadly weapon" means any firearm or other weapon, device, instrument, material, animal, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury;

d. "Significant bodily injury" means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.

(cf: P.L.1995, c.307, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill establishes that using an animal to commit an assault would constitute the crime of assault with a deadly weapon. Currently, N.J.S.2C:11-1 defines "deadly weapon" as "any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury." Under this bill, this definition is expended to include an animal.

Under the assault statute, set out in N.J.S.2C:12-1, a person who negligently causes bodily injury to another with a deadly weapon is guilty of simple assault, 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. A person who recklessly causes bodily injury with a deadly weapon is guilty of fourth degree aggravated assault. A person who attempts to cause, or purposely or knowingly causes bodily injury with a deadly weapon is guilty of third degree aggravated assault.

A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both; a petty disorderly persons offense, by a term of imprisonment of up to 30 days, a fine of up to $500, or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both; a crime of the third degree, by a term of three to five years or a fine up to $15,000, or both.