Search Rutgers Law Library N.J. Court Opinions

1 State v. David T. Pomianek, Jr. -- rank: 1000

... Court. At issue in this appeal is the constitutionality of N.J.S.A. 2C:16-1(a)(3), a bias-crime statute that allows a jury ... intimidated because of his race, color, national origin, or ethnicity, N.J.S.A. 2C:16-1(a)(1), (a)(2). In addition, defendant was acquitted of ... by alarming conduct and the other for harassment by communication. N.J.S.A. 2C:16-1(a)(3). The jury reached its verdict based on two ... because of his race, color, national origin, or ethnicity.” N.J.S.A. 2C:16-1(a)(3). The jury also convicted defendant of official misconduct ... Super. 339 , 343, 358-59 (App. Div. 2013). To save N.J.S.A. 2C:16-1(a)(3), the Appellate Division construed the statute in a ... certification. HELD : Subsection (a)(3) of the bias-intimidation statute, N.J.S.A. 2C:16-1, fails to give adequate notice of conduct that it ...

docket:	A-32-13
court:	NJ Supreme Court
decided:	2015-03-17
status:
citation:	221 N.J. 66 110 A.3d 841
Document Size:	107351

2 STATE OF NEW JERSEY v. DHARUN RAVI -- rank: 893

... to N.J.S.A. 2C:14-9(a) and N.J.S.A. 2C:16-1(a)(1) and (2), and with regard to T.C ... to N.J.S.A. 2C:14-9(a) and N.J.S.A. 2C:16-1(a)(3)(b); Count 3 , third degree invasion of privacy ... to N.J.S.A. 2C:14-9(c) and N.J.S.A. 2C:16-1(a)(1) and (2), and with regard to T.C ... to N.J.S.A. 2C:14-9(c) and N.J.S.A. 2C:16-1(a)(3)(b); Count 5 , fourth degree attempted invasion of ... 9(a), N.J.S.A. 2C:5-1, and N.J.S.A. 2C:16-1(a)(1) and (2), and with regard to T.C ... 9(a), N.J.S.A. 2C:5-1, and N.J.S.A. 2C:16-1(a)(3)(b); Count 7 , third degree attempted invasion ...

docket:	a4667-11
court:	NJ Superior Court Appellate Division
decided:	2016-08-09
status:	published
citation:	447 N.J.Super. 261 147 A.3d 455
Document Size:	138824

3 STATE OF NEW JERSEY v. AAKASH A. DALAL -- rank: 762

... an accomplice, N.J.S.A. 2C:2-6 and N.J.S.A. 2C:16-1(a)(1); three counts of second-degree possession of a ... 3(a); and two counts of fourth-degree bias intimidation, N.J.S.A. 2C:16- 1(a)(1). In a separate published opinion, we analyzed and ...

docket:	a5556-16
court:	NJ Superior Court Appellate Division
decided:	2021-04-15
status:	Published
citation:
Document Size:	57375

4 STATE OF NEW JERSEY v. AZIKWA RUSTIN STATE OF NEW JERSEY v. ALQUAN HARRIS STATE OF NEW JERSEY v. JOSEPH N. WRIGHT, a/k/a NORMAN BLACK, and CURTIS GORDON -- rank: 727

... addition, Wright argues that his judgment of conviction refers to N.J.S.A. 2C:16-1, the bias crime statute. Wright, however, was not charged with ...

docket:	a2241-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-11
status:	Unpublished
citation:
Document Size:	48508

5 STATE OF NEW JERSEY v. ANTHONY M. GRAZIANO -- rank: 696

... of attempted murder; three counts of first-degree bias intimidation, N.J.S.A. 2C:16-1(a)(1) and N.J.S.A. 2C:2-6; two counts of fourth-degree bias intimidation, N.J.S.A. 2C:16-1(a)(1); three counts of second-degree possession of a ... and thirty years, 'with a presumptive term of [twenty] years.' N.J.S.A. 2C:16-1(c). In sentencing defendant, the judge referenced that presumption and ... at the top of the range; that is, thirty years. N.J.S.A. 2C:16-1(c). See Natale, 184 N.J. at 487. Unlike Natale ...

docket:	a0686-17
court:	NJ Superior Court Appellate Division
decided:	2021-04-15
status:	Unpublished
citation:
Document Size:	42257

6 STATE OR NEW JERSEY, v. KYLE POWELL, -- rank: 687

... crime with purpose to intimidate, contrary to the provisions of N.J.S.A. 2C:16-1(a)(1); one count of cyber harassment, contrary to the ... to dismiss count one of the indictment, charging him under N.J.S.A. 2C:16-1(a)(1). In response to defendant’s motion, the State superseded the indictment and charged count one under N.J.S.A. 2C:16-1(a)(3). The New Jersey Supreme Court had previously declared ... of both second and third degree bias crimes, pursuant to N.J.S.A. 2C:16-1(a)(2); one count of fourth degree cyber harassment, pursuant ... four of the indictment, both of which charge defendant under N.J.S.A. 2C:16-1(a)(2). II. Factual Background Officer Scott Packen (Officer Packen ... at 228-29. b. Bias Crime with Purpose to Intimidate N.J.S.A. 2C:16-1(a)(2) provides that: A person is guilty of ...

docket:	19-10-02086
court:	NJ Superior Court Appellate Division
decided:	2021-10-05
status:
citation:
Document Size:	24561

7 STATE OF NEW JERSEY v. WILLIAM HILL -- rank: 682

... the constitutionality of the stalking statute, explaining: The State compares N.J.S.A. 2C:16-1(a)(3) [bias intimidation] to the stalking statute, N.J ... in State v. Gandhi, 201 N.J. 161 (2010). Unlike N.J.S.A. 2C:16-1(a)(3), the stalking statute has a mens rea component ... 9 The Court in that case addressed the constitutionality of N.J.S.A. 2C:16-1(a)(3), 'a bias-crime statute that allows a jury ... national origin, or ethnicity. [Id. at 81 (emphasis added) (quoting N.J.S.A. 2C:16- 1).] The Court concluded that N.J.S.A. 2C:16-1(a)(3) was unconstitutionally vague, noting, '[i]n focusing on ... We disagree. A close examination reveals significant, substantive differences between N.J.S.A. 2C:16-1(a)(3) and N.J.S.A. 2C:28- ...

docket:	a4544-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-23
status:	Published
citation:
Document Size:	81283

8 STATE OF NEW JERSEY v. DAVID T. POMIANEK, JR -- rank: 667

... Fundamental Fairness. Point III The New Jersey Bias Crimes Statute, N.J.S.A. 2C:16-1 Violates the First and Fourteenth Amendment s. B. Scope of ... eventually enacted on February 11, 2002. L. 2001, c. 443; N.J.S.A. 2C:16-1. When introduced, the Senate Substitute already included section 1a(3 ... recognized that they would be subsumed within the newly-enacted N.J.S.A. 2C:16-1. In construing N.J.S.A. 2C:16-1a(3 ... intent. Rather, based on the legislative history, we infer that N.J.S.A. 2C:16-1 requires proof of intent with respect to each element of ...

docket:	a2694-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-30
status:	published
citation:	429 N.J.Super. 339 58 A.3d 1205
Document Size:	82068

9 STATE OF NEW JERSEY v. GREGORY GREENE -- rank: 651

... 2C:11-3(a)(3) (count five); and bias intimidation, N.J.S.A. 2C:16-1(a)(3) (count six). Wayne also was charged with second ...

docket:	a3374-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-30
status:	unpublished
citation:
Document Size:	84313

10 /usr/local/share/www/libweb/collections/courts/appellate/a3387-11xx.opn.html -- rank: 651

... 2C:11-3(a)(3) (count five); and bias intimidation, N.J.S.A. 2C:16-1(a)(3) (count six). Wayne also was charged with second ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	83353

11 /usr/local/share/www/libweb/collections/courts/appellate/a2839-16.opn.html -- rank: 640

... aggravated sexual assault, sexual assault, bias intimidation in violation of [N.J.S.A.] 2C:16-1, endangering the welfare of a child pursuant to [ N.J ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	37710

12 State v. Karlton L. Bailey -- rank: 625

... aggravated sexual assault, sexual assault, bias intimidation in violation of [ N.J.S.A.] 2C:16- 1, endangering the welfare of a child pursuant to [ N.J ...

docket:	a_96_15
court:	NJ Supreme Court
decided:	2018-01-22
status:
citation:
Document Size:	51988

13 STATE OF NEW JERSEY v. LORENZO HOLDEN -- rank: 623

... 7.1, N.J.S.A. 2C:35-11, or N.J.S.A. 2C:16-1]. The trial judge instructed that defendant could be found guilty ...

docket:	A1347-01
court:	NJ Superior Court Appellate Division
decided:	2003-12-09
status:	published
citation:	364 N.J. Super. 504 837 A.2d 403
Document Size:	38617

14 STATE OF NEW JERSEY v. TYWON M. MOSS -- rank: 618

... a)(2), and one count of first-degree bias intimidation, N.J.S.A. 2C:16-1(a)(1). 1 A BB gun is a type of ... 1(a)(2), seven counts of first-degree bias intimidation, N.J.S.A. 2C:16-1(a)(1), two counts of first-degree attempted robbery, N ...

docket:	a2837-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-21
status:	Unpublished
citation:
Document Size:	66415

15 STATE OF NEW JERSEY v. V. MICHELE DIXON -- rank: 609

... We conclude that for purposes of the bias intimidation statute, N.J.S.A. 2C:16-1, the term "handicap" should be defined as it is in ... ITS INSTRUCTION ON THE TERM "HANDICAPPED" WITHIN THE MEANING OF N.J.S.A. 2C:[16]-1. POINT II: THE JUDGMENT ENTERED UNDER COUNT 1 OF THE ... have canvassed the legislative history of the bias intimidation statute, N.J.S.A. 2C:16-1, and its predecessor, N.J.S.A. 2C:44-3e ... prohibition against conspiracy to intimidate a victim based on handicap. N.J.S.A 2C:16-1. However, the State did not indict defendant for a conspiracy under N.J.S. A . 2C:16-1. Instead, defendant was indicted for violating the ordinary conspiracy statute ... offense, rather than under the separate bias crime conspiracy statute, N.J.S.A. 2C:16-1, which is itself a first-degree crime, the trial ...

docket:	A2419-04
court:	NJ Superior Court Appellate Division
decided:	2007-10-24
status:	published
citation:	396 N.J.Super. 329 933 A.2d 978
Document Size:	76920