From the Editor |
Police officers generally do not have the authority to change or modify handicap parking spaces. The creation and modification of handicap parking spots are typically handled by local government agencies or municipalities, often in accordance with federal and state laws, such as the Americans with Disabilities Act (ADA) in the United States.
Police officers can, however, enforce laws related to parking in handicap spots, issuing tickets or taking action when a vehicle is illegally parked in a designated space. If there’s a need to change a parking space designation, it would usually require a formal request or approval through local government or city planning processes.
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The New Jersey statute addressing bias intimidation is **N.J.S.A. 2C:16-1**, which defines and outlines the offense of bias intimidation. Here’s a breakdown of the key aspects of the statute:
### **N.J.S.A. 2C:16-1 – Bias Intimidation**
1. Bias Intimidation Defined
Bias intimidation occurs when an individual commits a criminal offense with a specific intent to intimidate or threaten another person or group based on certain characteristics. These characteristics include:
– **Race**
– **Color**
– **Religion**
– **Gender**
– **Sexual orientation**
– **Gender identity or expression**
– **Disability**
– **National origin**
2. Aggravation of Charges
Bias intimidation enhances the severity of an underlying criminal offense. The crime is graded one degree higher than it would be if it were not committed with a biased intent. For example:
– If an individual commits a simple assault (a fourth-degree crime) but the act was done with biased intent, the charge could be elevated to a third-degree crime because of the bias intimidation element.
3. Penalties
The penalties for bias intimidation depend on the level of the underlying crime. In general, bias intimidation can result in:
– **Increased sentences**: If an individual commits a crime with bias intimidation, their sentence may be more severe.
– **Criminal record**: Conviction leads to a permanent criminal record, and depending on the severity of the offense, the person may face prison time, fines, and probation.
4. Proof of Bias Intent
To prove bias intimidation, the prosecution must show that the accused acted with the purpose of intimidating or harassing someone based on one of the protected characteristics. Evidence may include:
– Statements made by the defendant.
– The context or nature of the crime (e.g., graffiti with hateful symbols, verbal threats targeting a group).
5. Specific Intent
The defendant must have committed the underlying crime *with the specific intent* to intimidate or harass a person or group because of one of the protected characteristics. This specific intent is a key part of establishing bias intimidation.
Summary
Bias intimidation in New Jersey is a criminal act that can elevate the severity of charges based on the biased intent behind the crime. The statute provides enhanced penalties for criminal behavior that is committed with the intent to intimidate or harm someone because of their race, religion, sexual orientation, or other protected characteristic.
#N.J.S.A. 2C:16-1
New Jersey
In New Jersey, the statute governing **harassment** is **N.J.S.A. 2C:33-4. This law defines harassment and outlines the actions that constitute harassment, along with the penalties associated with it.
N.J.S.A. 2C:33-4 – Harassment
1. Definition of Harassment**
A person commits harassment if, with the intent to harass, annoy, or alarm another person, they do any of the following:
Make or cause a communication** to be made, anonymously or otherwise, in a manner likely to **annoy or alarm** the other person. This could include offensive or threatening language or behavior.
Make a telephone call** (whether or not a conversation ensues) or any other communication, including text messages or online messages, that is meant to annoy or alarm the person.
Engage in a course of conduct** (repeated acts) that serves no legitimate purpose and has the effect of **harassing, annoying, or alarming** the victim. This could include things like repeatedly following someone, repeatedly sending unwanted messages, or showing up at a person’s home or place of work without reason.
Striking, kicking, or shoving** another person with the intent to annoy or alarm them.
2. Penalties for Harassment**
Harassment in New Jersey can be classified as either a **disorderly persons offense** or a **penalty of a more serious crime** depending on the circumstances:
Disorderly Persons Offense**: The most common charge for harassment is a disorderly persons offense, which is punishable by up to **6 months in jail** and/or a fine of up to **$1,000**.
Internal affairs (IA) is typically the division within a police department that investigates allegations of misconduct by officers.
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