New Jersey would penalize bullying minors over race, disability, or other listed traits

New Jersey would make it an offense to contact a minor because of a listed trait with the aim of causing harm, fear of harm, or property damage, or knowing that result would follow. It covers one incident or a series of incidents involving a minor’s race, religion, disability, or another listed trait. Adults would face a disorderly persons offense. Minors found responsible would face a lower-level petty disorderly persons offense. Fines would be capped at $100 for a first offense and $250 for each later offense. If enacted, the offense would start on the first day of the third month after enactment.

Courts would presume that complaints accusing minors of the new offense should be handled outside regular court proceedings. This applies to complaints against minors for conduct that would be the new offense if an adult committed it. A court must approve handling the case outside regular court proceedings. If an applicable existing program for repairing harm operates where the offense happened, an approved case must go there. If enacted, this rule would start on the first day of the third month after enactment.

A court would include education or counseling in an approved case handled outside court and could allow a suitable self-guided program instead. This applies when a court approves handling a complaint accusing a minor of the new offense outside regular court proceedings. The court must consider whether a program is available near the minor’s home. When appropriate, the court may allow a self-guided program that meets the bill’s requirements. If enacted, this requirement would start on the first day of the third month after enactment.