The definition of a hate crime in New Jersey is the same as the federal definition. According to the U.S. Department of Justice, a hate crime is defined as criminal activity motivated by bias against “race, color, religion, national origin, sexual orientation, gender, gender identity, or disability.” While it’s easy to assume all hate crimes involve extreme violence, everything from harassment and verbal threats to arson and criminal mischief is considered a type of bias or hate crime in the state of New Jersey.
Most people associate these crimes with adults because negative biases are often something learned and developed over time. However, when a child grows up in a household where negative biases are commonplace, they may begin to develop a negative bias of their own at an early age.
It should come as no surprise, then, that hate crimes are happening across the country in record numbers. It’s no longer uncommon for minors to commit these crimes, both against their peers and older individuals in various groups. Though their crimes may be similar, a minor’s punishment for a hate crime may differ from an adult’s.
What Constitutes a Hate Crime
In New Jersey, specific factors need to be proven to establish that a crime was committed due to discriminatory inclinations. The crime committed needs to be motivated by a bias against another person’s race, gender, sexual orientation, or other certain protected classes.
It can be difficult to prove a hate crime since the person who committed the crime can easily suggest their motives weren’t based on any type of “group” their victim was in. However, most prosecutors are well-versed in deciphering a defendant’s words, actions, history, and affiliations to prove their true motivations.
The classification and sentencing for a hate crime in New Jersey depend on the severity of the crime itself. For example, minor assaults and threats are considered misdemeanors and often result in fines or minimal jail time. However, extreme assault, vandalism of property, arson, or attempted murder because of identity can be considered felonies and the perpetrator may face harsher punishment.
Possible Charges and Typical Penalties
When it comes to possible charges that can be brought against a juvenile as a hate crime, some of the most common include:
- Harassment: There will typically be no incarceration for a juvenile charged with harassment if it’s their first offense. However, they may be incarcerated if there is a history of past crimes or other harassment on record.
- Cyber harassment: Juveniles can be more prone to cyber-harassment charges since they are often more tech-savvy and willing to participate in “cyberbullying.” The incarceration standards remain the same as other forms of harassment.
- Assault: Simple assault is considered a minor charge and will often result in a detention hearing. If found guilty, the juvenile may have to pay fines, complete community service, or live under a probationary term that can last up to three years.
Additional Factors That May Affect Penalties
Not all juveniles are considered “equal” when they face charges for a hate crime. Several factors can affect the severity of their penalties, including:
- Age: Most minors up to age 17 will at least be heard in a juvenile court. Those over the age of 14 may still be transferred to adult court to be prosecuted.
- Criminal history: First offenders are not often incarcerated, but may face probation or community service.
- The judge’s discretion: The “luck of the draw” is something every charged criminal has to face when they step in front of a judge. Some judges are harsher than others when they impose penalties on juveniles.
- Federal vs. state laws: Most hate crimes are charged under state laws as they’re investigated by county sheriffs and local officers. Federal hate crimes are looked into by agencies like the FBI or DEA and are rarer, but often come with harsher penalties.
Minors Tried as Adults
According to the National Juvenile Defender Center, there is no current statute that specifies the youngest age at which a juvenile can be considered delinquent.
“Except as otherwise provided by law, the court shall have exclusive jurisdiction in all cases where it is charged that a juvenile has committed an act of delinquency and over all matters relating to a juvenile-family crisis. Upon the determination that a juvenile has committed an act of delinquency or that a juvenile-family crisis exists, the court may impose such disposition or dispositions over those persons subject to its jurisdiction consistent with the purposes of this act.” (N.J. Stat. Ann. § 2A:4A-24(a))
If a court decides to try a minor as an adult, the minor charged could face harsher penalties and a longer, more severe jail sentence.
Mandatory Minimums
A mandatory minimum is a sentencing law designed to promote uniformity in specific types of cases. This allows the law to dictate a sentence rather than a harsh or lenient judge.
The mandatory minimums for hate crimes in New Jersey vary depending on the severity of the crime itself. For example, violent hate crimes such as aggravated assault require the convicted to serve 85% of their full sentence before they are eligible for release.
Most legislators agree that mandatory minimums are unhealthy (and often unsafe) for minors convicted of crimes, and they should not be applied without careful consideration. However, there are no “cookie-cutter” cases when it comes to minors being charged. Recently, the New Jersey Supreme Court ruled that imposing a mandatory minimum sentence of 30 years on a child is unconstitutional.
Defense Options
If you or your child has been charged with a hate crime, the best thing you can do is develop a defense strategy with an experienced juvenile defense attorney.
Again, to officially charge someone with a juvenile hate crime, prosecutors have to be able to prove every element of the crime and the motivations behind it. Still, you’ll want to seriously consider a lawyer if you’re charged with something like bias intimidation. Not only is there a tendency to “over-charge” the offense of bias, prosecutors and judges generally aren’t in the habit of favorably resolving these charges, given their publicity and offensive nature in today’s age.
Confidentiality
Juvenile records are often different from adult records. In New Jersey, access to juvenile records is limited to specific agencies and individuals. This helps to protect the identity and confidentiality of said juveniles.
The National Juvenile Justice Network recommends that all court records for minors under the age of 18 remain unavailable to the public. However, there are certain exceptions when it comes to things like school safety, future employment, or general child welfare. If your child was charged with a hate crime, their record will not be available to the public. It may even remain sealed when they reach the age of 18, so they can live a future without the mark of a criminal charge holding them back.