New Jersey § 2c:16-1

§ 2c:16-1.

a. Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to

commit, conspires with another to commit, or threatens 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 , (1) 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 (2) knowing 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 (3) under circumstances that caused any victim of the underlying offense to be intimidated

and the victim, considering the manner in which the offense was committed, reasonably

believed either that (a) the offense was committed with a purpose to intimidate the

victim or any person or entity in whose welfare the victim is interested because of

race, color, religion, gender, disability, sexual orientation, gender identity or

expression, national origin, or ethnicity, or (b) the victim or the victim's property

was selected to be the target of the offense because of the victim's race, color,

religion, gender, disability, sexual orientation, gender identity or expression, national

origin, or ethnicity. b. Permissive inference concerning selection of targeted person or property. 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 shall give 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 race, color, religion, gender, disability, sexual orientation, gender identity

or expression, national origin, or ethnicity. c. Grading. 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., except that where the underlying crime

is a crime of the first degree, bias intimidation is a first-degree crime and the

defendant upon conviction thereof 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. d. Gender exemption in sexual offense prosecutions. It shall not be 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. of this section is based solely

upon the gender of the victim. e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge

with a conviction of any of the underlying offenses referred to in subsection a. of

this section, nor shall any conviction for such underlying offense merge with a conviction

for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation

and a conviction of any underlying offense. f. Additional Penalties. 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 a person convicted of bias intimidation to one or more of the

following: (1) complete a class or program on sensitivity to diverse communities, or other similar

training in the area of civil rights; (2) complete a counseling program intended to reduce the tendency toward violent and

antisocial behavior; and (3) make payments or other compensation to a community-based program or local agency

that provides services to victims of bias intimidation. g. As used in this section “ 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. h. It shall not be a defense to a prosecution for a crime under this section 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.