New Jersey Section 2C:12-13 – Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentence.

New Jersey’s Aggravated Assault Law for Throwing Bodily Fluids at Officers

What Does the Law State?

Section 2C:12-13, signed into law in 2021, establishes that purposely throwing or otherwise using bodily fluids against an officer constitutes aggravated assault. The bodily fluids covered under the law include, but are not limited to, urine, feces, blood, seminal fluid, or saliva.

The law applies to throwing bodily fluids at the following categories of law enforcement officers:

• State, county, or municipal police officers
• Sheriff’s officers
• Correctional police officers
• Juvenile corrections officers
• Parole officers
• Probation officers
• Human services police officers
• Palisades Interstate Park officers

To be charged under this law, the perpetrator must throw or use the bodily fluid against the officer “while in the performance of his duties.” This covers situations where an officer is actively engaged in their job responsibilities.

Grading and Sentencing

Under Section 2C:12-13, throwing bodily fluids at an officer is graded as a third-degree aggravated assault. This is more severe than a simple assault, which is usually a disorderly persons offense.

A third-degree crime in New Jersey carries a potential prison sentence of 3-5 years. There is also a maximum fine of $15,000.

In addition, a judge has discretion to order the perpetrator to reimburse the officer for any costs related to medical testing, professional mental health counseling, or cleaning of equipment and clothing.

Legislative Intent

The sponsors of the legislation stated it was meant to better protect officers from potential health risks. Bodily fluids can potentially transmit infectious diseases like HIV, hepatitis, and COVID-19. Throwing fluids also subjects officers to humiliation and degradation.

Assemblyman John DiMaio, one of the sponsors, said “Our officers do not deserve to be treated like this…If you behave like an animal, you should be locked up like one.”

The New Jersey State Policemen’s Benevolent Association supported the bill, saying it would help deter assaults and raise awareness of risks to officers.

Criticisms and Concerns

While some law enforcement groups have praised Section 2C:12-13, civil liberties organizations and criminal justice reform advocates have raised objections.

Some key criticisms and concerns include:

• The law could potentially violate the 8th Amendment prohibition on cruel and unusual punishment. The sentencing enhancements seem disproportionate to some critics.
• It may infringe on free speech rights. The bodily fluids themselves could be viewed as symbolic acts of protest against police misconduct.
• There is concern about selective enforcement and impacts on marginalized communities. Critics worry the law could be used to target minorities and the mentally ill.
• The law does not require intent to harm or transmit disease. Some bodily fluid incidents may occur accidentally or without an intent to infect.
• It duplicates existing laws on assault, aggravated assault, and terroristic threats against officers. The conduct was already illegal under prior statutes.
• There are concerns about the costs of reimbursement and restitution falling on indigent defendants. Critics say it could lead to excessive fines and fees.
• It could worsen relations between police and the community. The law may feed into an “us vs. them” mentality on both sides.

Court Challenges

Given the controversies surrounding Section 2C:12-13, legal challenges are likely. Possible grounds for challenging the law include:

• Violation of the 1st Amendment right to free speech and expression. Throwing fluids could be viewed as symbolic speech.
• Violation of the 8th Amendment ban on excessive fines and cruel/unusual punishment. The sentencing enhancements may be disproportionate.
• Violation of due process rights and void for vagueness. The definitions of “bodily fluid” and “performance of duties” may be unclear.
• Violation of equal protection. The law targets a specific class of people (those assaulting officers) for enhanced punishment.

So far the law has not been subject to a court challenge. But a constitutional case could potentially emerge from the first prosecution under Section 2C:12-13.

Early Cases and Usage

As of late 2022, there are few known cases brought under the new bodily fluids law. But some early examples include:

• In March 2022, a man was charged in Burlington County for allegedly throwing urine on an officer while being served a warrant. This appears to be the first case prosecuted under the statute.
• In May 2022, a woman in Warren County was charged for spitting saliva into the face of a police officer during an arrest.
• In June 2022, a man was charged in Atlantic County for throwing feces at an officer who was responding to a disorderly persons call.

While empirical data is still limited, early cases suggest the law is being used as intended to prosecute bodily fluid assaults on police. Nonetheless, critics continue to question whether the enhanced charges are necessary and proportionate.