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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.

8 thoughts on “Reader ask does the Ridgewood High School Fight Incident fit the discription of “Bias Intimidation”

  1. Are we really going here?
    Are we really twisting this “incident” into a bias crime?

  2. Just went through the initial posts on the various RHS alumni groups. Goodness gracious! So these are the types of people 100 years back who – using their deep background in the community – would string ‘others’ up from trees without any trial.

    So much talk of thugs, animals, murder charges, half the high school fired etc etc. So much agreement based on one-side of the story. Complete and utter denial of any culpability of their precious boy. Someone talked about getting clergy involved. Someone talked about getting CARB involved.

    So much reflexive hatred for anyone who can be tagged as ‘other.’

  3. So the Disney scenario did not work for those that wanted to so easily condem. Welcome back to earth…you cannot poke a hornet’s nest and not expect to get stung.

  4. I know one of the minors in this sorry story.
    All he had to do was talk to his parents on how handle this situation.

    Lesson to the kids…talk to your parents, we usually provide good advice…

  5. @7:41 – Based on the comments and behavior or Ridgewood parents who posted on social media about this incident, I do not believe they are capable of providing good advice.

  6. CRAB should be disbanded.

  7. Gee Officer Krupke, I’m really good; I’m just misunderstood. He needs, ………… so the song goes, from West Side Story.

    Another suggestion, He should have had karate lessons at Ridgewood YWCA. They used to teach kids only to fight when absolutely necessary. That a fight can mean death. The point was to teach kids how to protect themselves and have respect for others.

    The instructors years ago when my family took lessons were fabulous. I think Bill Timmee , not sure of spelling, was main instructor, he was fantastic, great fighting and teacher of conduct in life. Much better than any expensive schlep in the public schools here. My opine opinion.

  8. If instead of being beaten in the fight and sent to the hospital, the junior beat the freshman and sent him to the hospital, would it be more palatable to Village residents to conclude that a bias incident occurred? If so, why does the result of the fight matter?

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