Sponsored by:
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
SYNOPSIS
Establishes "Stand Your Ground" self-defense law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning self-defense and deadly force, supplementing chapter 3 of Title 2C of the New Jersey Statutes, and repealing N.J.S.2C:3-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Home Protection; Use of Deadly Force.
a. A person who is in possession or control of a dwelling or is licensed or privileged to be thereon has no duty to retreat and has the right to stand his ground and use or threaten to use:
(1) Force, other than deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or another against the other's imminent use of unlawful force; or
(2) Deadly force against another if the person reasonably believes that using or threatening to use such force is necessary to prevent imminent death or serious bodily harm to himself or another or to prevent the imminent commission of a crime involving violence, as defined in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A person is presumed to hold a reasonable fear of imminent peril of death or serious bodily harm to himself or another when using or threatening to use defensive force that is intended or likely to cause death or serious bodily harm to another if:
(1) The person against whom the defensive force is used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling or occupied vehicle; and
(2) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
c. The presumption set forth in subsection b. of this section does not apply if:
(1) The person against whom the defensive force is used or threatened is licensed or privileged to be in the dwelling or motor vehicle and is not subject to a restraining order or protective order issued by a court that protects the person who uses or threatens to use defensive force; or
(2) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or
(3) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
(4) The person against whom the defensive force is used or threatened is a law enforcement officer who enters or attempts to enter a dwelling or vehicle in the performance of the officer's official duties and the officer identified himself in accordance with any applicable law, or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
d. A person who unlawfully and by force enters or attempts to enter a person's dwelling or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
2. As used in this act:
"Crime involving violence" means: aggravated assault as set forth in subsection b. of N.J.S.2C:12-1; aggravated arson or arson as set forth in N.J.S.2C:17-1; burglary as set forth in N.J.S.2C:18-2; carjacking as set forth in section 1 of P.L.1993, c.221 (C.2C:15-2); kidnapping as set forth in N.J.S.2C:13-1; murder as set forth in N.J.S.2C:11-3; aggravated manslaughter or manslaughter as set forth in N.J.S.2C:11-4; robbery as set forth in N.J.S.2C:15-1; the third degree crime of stalking as set forth in subsection c., d., or e. of section 1 of P.L.1992, c.209 (C.2C:12-10); aggravated sexual assault or sexual assault as set forth in N.J.S.2C:14-2; or any other crime which involves the use or threat of physical force or violence against any individual.
"Deadly force" and "dwelling" have the meanings set forth in N.J.S.2C:3-11.
"Defensive force" means deadly force used by a person who is in possession or control of a dwelling or is licensed or privileged to be thereon under the circumstances set forth in this act.
"Motor vehicle" has the meaning set forth in R.S.39:1-1.
3. N.J.S.2C:3-6 is repealed.
4. This act shall take effect on the 90th day following enactment.
STATEMENT
This bill would enact a "Stand Your Ground" self-defense law. Under the bill, a person who is in possession or control of a dwelling or who is licensed or privileged to be in the dwelling has no duty to retreat and has the right to stand his ground and use or threaten to use:
(1) Force, other than deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or another against the other's imminent use of unlawful force; or
(2) Deadly force against another if the person reasonably believes that using or threatening to use such force is necessary to prevent imminent death or serious bodily harm to himself or another or to prevent the imminent commission of a crime involving violence.
The bill provides that a person is presumed to hold a reasonable fear of imminent peril of death or serious bodily harm to himself or another when using or threatening to use defensive force that is intended or likely to cause death or serious bodily harm to another if:
(1) The person against whom the defensive force is used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling or occupied vehicle; and
(2) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
The presumption of a reasonable fear of imminent peril of death or great bodily harm would not apply under certain circumstances. These include, among others, if the person against whom the defensive force is used or threatened is licensed or privileged to be in the dwelling or motor vehicle and is not subject to a restraining order or protective order that protects the person who uses or threatens to use defensive force; or if the person against whom the defensive force is used or threatened is a law enforcement officer who enters or attempts to enter a dwelling or vehicle in the performance of the officer's official duties.
Under the bill, a person who unlawfully and by force enters or attempts to enter a person's dwelling or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
The bill defines "crime involving violence" as any of the following crimes: aggravated assault; aggravated arson or arson; burglary; carjacking; kidnapping; murder; aggravated manslaughter or manslaughter; robbery; the third degree crime of stalking; aggravated sexual assault or sexual assault; or any other crime which involves the use or threat of physical force or violence against any individual.
The bill repeals N.J.S.2C:3-6, the current law concerning the use of force in defense of premises.