State by State Pending and recently passed #AntiProtestLaws: #NewJersey - part 1

S 3578: New Penalties for Protesters Who Conceal Their Identity

Would create a new disorderly persons offense "for a person, while congregating in a public place with other people who are also masked or disguised, to wear any mask or other facial obscurant or disguise with the purpose to conceal the person's identity while committing another crime or offense." The bill creates exemptions for activities related to Halloween, the weather, religious beliefs, medical purposes, or a public parade of an educational, religious, or historical character. However, it does not create an exemption for protests. As such, one engaged in identical conduct during a Halloween celebration and a protest would not face criminal liability under this proposed offense during the Halloween celebration, but could face criminal liability under this proposed offense during a demonstration. The penalty under the bill is up to 6 months in jail and a $1,000 fine.

Full bill text:
https://www.njleg.state.nj.us/bill-search/2024/S3578

Status: pending

Introduced 19 Sep 2024.

Issue(s): Face Covering

A 4652 / S 3507: New penalties for protest organizers and supporters, “disruptive” protesters, and protesters who wear masks

Would create serious new penalties that could cover protest organizers and others who “promote” protests. The bill creates a new offense of “inciting a public brawl,” broadly defined to cover someone who “acts with purpose to organize or promote” a group of four or more people to engage in “disorderly conduct.” But under New Jersey law, “disorderly conduct” is defined to include “tumultuous conduct” that might “create a risk” of “public inconvenience”—language that can cover peaceful protest activity and is often used to arrest and charge demonstrators. As such, the “inciting a public brawl” offense, which incorporates “disorderly conduct,” could cover a range of activity related to facilitating a peaceful demonstration, particularly as the bill does not define “organizing” or “promoting.” The offense is a serious misdemeanor punishable by up to six months in jail and $1,000. If the “organizers” or “promoter” acts with purpose “to disrupt or cause a disturbance at a public gathering or event” or “knowing that such a disruption or disturbance is likely to occur,” it is a felony, punishable by up to 18 months in prison and $10,000. The bill does not require that such “disturbance” be more than fleeting in duration or that it otherwise meaningfully interfere with the public event. As such, the felony offense would seemingly cover someone who shares a social media post about a large street protest, knowing that it may even briefly “disturb” a public event taking place nearby. Under the bill, participants in such a protest would face heightened penalties as well, as the bill increases penalties for someone who engages in “disorderly conduct” “with purpose to disrupt or cause a disturbance at a public gathering or event.” Finally, the bill increases penalties for someone who engages in “disorderly conduct” while concealing or attempting to conceal their identity “with purpose to hinder prosecution or avoid apprehension.” In both cases “disorderly conduct” would be a serious rather than petty offense, punishable by up to six months in jail and $1,000.

Full text of bill:
https://www.njleg.state.nj.us/bill-search/2024/A4652

Status: pending

Introduced 25 Jun 2024; Approved by Assembly 27 February 2025; Approved by Senate 24 March 2025

Issue(s): Protest Supporters or Funders, Face Covering

S 3103: Heightened penalties for blocking traffic

Would increase penalties for impeding traffic on public roads. Under the bill, “recklessly obstruct[ing]” any public road would be a more serious misdemeanor than under current law, punishable by up to six months in jail and $1,000. The bill would additionally create a new felony offense for anyone who purposefully obstructs or “affects” the movement of any commerce on a public road. The new offense would be punishable by up to 18 months in prison and $10,000. As such, protesters who peacefully demonstrate in a public road and even temporarily “affect” commercial vehicles could face felony charges.

Full text of bill:
https://www.njleg.state.nj.us/bill-search/2024/S3103

Status: pending

Introduced 15 Apr 2024.

Issue(s): Traffic Interference

S 834 / A 3489: NEW PENALTIES FOR BLOCKING TRAFFIC AND OTHER PROTEST-ADJACENT CONDUCT

Would make it a felony offense to purposely or recklessly obstruct a public road while engaging in "disorderly conduct" or a "riot," punishable by up to a year and a half in prison and a $10,000 fine. Both "disorderly conduct" and "riot" are defined broadly under New Jersey law: "Disorderly conduct," for instance, could include "recklessly creating a risk of public inconvenience" by causing a "hazardous condition," or using "unreasonably loud and offensively coarse" language in a public place. The bill would also broaden the definition of "riot," such that a group of five or more people who engage in "disorderly conduct" and cause any damage to property or persons could face riot charges, a felony punishable by up to five years in prison and $15,000. Individuals who deface a monument during an unruly protest would also face heightened penalties under the bill: Current law penalizes defacing or damaging any public monument or structure as a disorderly persons offense, subject to six months in jail. The bill would make the same offense a felony punishable by a year and a half in prison and $10,000, if committed during a "riot." The bill would create new sanctions for protest organizers and patrons, as well: Under the bill, a person who "conspires with others as an organizer, supervisor, financier or manager to commit" one of a number of crimes during a protest would be guilty of "promotion of violent, disorderly assembly" and face enhanced criminal penalties. The text was introduced as S3261 during the 2020-2021 session, and as S1783/A4577 during the 2022-2023 session.

Full text of bill:
https://www.njleg.state.nj.us/bill-search/2024/S834

Status: pending

Introduced 9 Jan 2024.

Issue(s): Protest Supporters or Funders, Riot, Traffic Interference

S 652 / A 4610: HEIGHTENED PENALTIES FOR BLOCKING TRAFFIC, RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES

Would make it a felony offense to purposely or recklessly obstruct a public road while engaging in "disorderly conduct" or a "riot," punishable by up to 18 months in prison and a $10,000 fine. Both "disorderly conduct" and "riot" are defined broadly under New Jersey law: "Disorderly conduct," for instance, could include "recklessly creating a risk" of "public inconvenience" by causing a "hazardous condition," or using "unreasonably loud and offensively coarse" language in a public place. The bill would also broaden the definition of "riot," such that a group of seven or more people who engage in "disorderly conduct" and cause any damage to property could face riot charges, a felony punishable by up to five years in prison and $15,000. The bill would create a new felony offense for disorderly conduct in a "place of public accommodation" that is committed during a "riot." It would also establish a felony offense for chalking or using graffiti on a public monument during an unruly protest: Current law penalizes purposely defacing or damaging any public monument or structure as a disorderly persons offense, subject to six months in jail. The bill would make the same offense a felony punishable by a year and a half in prison and $10,000, if committed during a "riot." The same bill was proposed as S84/A456 in the 2022-2023 session.

Full text of bill:
https://www.njleg.state.nj.us/bill-search/2024/S652

Status: pending

Introduced 9 Jan 2024.

Issue(s): #Riot, #TrafficInterference

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #MaskedProtesters #AntiMaskLaws