NJ A325

Amends New Jersey's bias intimidation statute (N.J.S.2C:16-1) to address a provision the New Jersey Supreme Court ruled unconstitutional in 2015 (State v. Pomianek)

Removes the current standard that relies on the actual victim's perception of whether an offense was committed with bias-motivated purpose

Replaces the victim-perception standard with an objective "reasonable person" test, making bias intimidation applicable when circumstances would cause a reasonable individual or group to be intimidated based on protected characteristics

Protected characteristics under the statute include race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, and ethnicity

The new language mirrors the "reasonable victim" standard upheld by the New Jersey Supreme Court in the stalking statute (State v. Gandhi, 2008)