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MAN CHARGED WITH BIAS INTIMIDATION, FALSE PUBLIC ALARM, TERRORISTIC THREATS, AND STALKING OF BERGEN LAW ENFORCEMENT

the staff of the Ridgewood blog

Edgewater NJ, Acting Bergen County Prosecutor Dennis Calo announced the arrest of STEVE ORTIZ (DOB: 6/21/1974; separated; and employed as an entrepreneur) of 319 18th Street, Union City, New Jersey on charges of Bias Intimidation, Terroristic Threats, False Public Alarm, and Stalking. The arrest is the result of an investigation conducted by the Bergen County Prosecutor’s Office under the direction of Chief Robert Anzilotti, the Edgewater Police Department under the direction of Chief Donald Martin, and the Nassau County Police Department under the direction of Police Commissioner Patrick J. Ryder.

Continue reading MAN CHARGED WITH BIAS INTIMIDATION, FALSE PUBLIC ALARM, TERRORISTIC THREATS, AND STALKING OF BERGEN LAW ENFORCEMENT
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Reader ask does the Ridgewood High School Fight Incident fit the discription of “Bias Intimidation”

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2C:16-1 Bias intimidation.
2C:16-1. Bias Intimidation.
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: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.

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Bill Barring School Board Candidates With Criminal Convictions Advances

BOE_theridgewoodblog

By JT Aregood • 12/12/16 12:18pm

Assemblyman Rob Karabinchak, who sponsored the bill along with Assembly Speaker Vince Prieto. New Jersey Legislature

Hopefuls with criminal convictions could soon be barred from running for local New Jersey school boards. A legislative committee advanced a bill to force would-be school board candidates to submit an affirmation to the state that he or she has not been convicted of any first or second-degree crime on Monday.

Those disqualifying convictions would include endangering the welfare of a child; drug possession or distribution; robbery, burglary, aggravated assault, stalking, kidnapping, arson, manslaughter and murder; terroristic threats; criminal restraint; perjury, and bias intimidation.

Assembly sponsor Robert Karabinchak said in a statement after the committee vote that he believes the new requirement would help protect students in the state.

http://observer.com/2016/12/assembly-bill-barring-school-board-candidates-with-criminal-convictions-advances/?utm_campaign=Observer_NJ_Politics&utm_content=New%20Campaign&utm_source=Sailthru&utm_medium=email&utm_term=New%20Jersey%20Politics