New Jersey’s Strict Laws Against Nuclear Plant Sabotage

New Jersey has some of the strictest laws in the nation regarding sabotage and damage to nuclear power plants. Section 2C:17-7 of the New Jersey code specifically makes it a first-degree crime to tamper with or damage any structure or equipment in a nuclear electric generating plant. This law was enacted to protect public safety and prevent nuclear disasters.

Overview of the Law

Section 2C:17-7 states that any person who purposely or knowingly damages, tampers with, or in any way shuts down any equipment, structure, or facility used for or in connection with a nuclear electric generating plant commits a crime of the first degree. This includes not just the reactor itself, but also any equipment used for cooling, containing radiation, monitoring radiation levels, or maintaining safe operations.

A first-degree crime in New Jersey carries a potential prison sentence of 10 to 20 years and a maximum fine of $200,000. So this law imposes very serious penalties on anyone who tampers with or damages nuclear facilities.

Legislative Intent

The New Jersey legislature enacted this law in 1981, shortly after the Three Mile Island accident of 1979. That incident was the most serious nuclear accident in U.S. history, although no deaths or injuries resulted. It did, however, expose the dangers of nuclear plant accidents.

The legislature intended Section 2C:17-7 to deter and punish sabotage, vandalism, or attacks on nuclear plants within the state. They recognized that an incident like Three Mile Island—or worse—could easily happen in New Jersey if someone were to deliberately damage safety systems. So they imposed harsh penalties to prevent such actions.

Scope of the Law

Section 2C:17-7 applies to all nuclear generating facilities in New Jersey. Currently, there are three active nuclear plants in the state:

• Salem Nuclear Power Plant
• Hope Creek Nuclear Generating Station
• Oyster Creek Nuclear Generating Station

The law covers any equipment, structure, or system related to the safe operation and containment of radiation at these plants. This includes:

• The reactor vessel and core
• Cooling systems
• Radiation shielding and containment buildings
• Waste storage facilities
• Monitoring equipment and sensors
• Backup generators and power systems
• Security systems and fencing

Basically, anything that could affect the safe operation of the plant if damaged or tampered with.

Comparison to Federal Law

Federal law also prohibits sabotage or damage to nuclear plants under 18 U.S. Code § 1366. However, the maximum prison sentence under federal law is only 10 years.

By making nuclear plant sabotage a first-degree felony with up to 20 years imprisonment, New Jersey imposes harsher punishments than federal law. The state legislature wanted stiffer penalties to deter any attacks or damage to nuclear facilities within the state’s borders.

Notable Cases

There have been a few notable cases brought under Section 2C:17-7 and related laws:

• In 1982, two anti-nuclear activists were convicted under 2C:17-7 for breaking into the Salem Nuclear Power Plant and vandalizing equipment. They were sentenced to 6-8 years in prison.
• In 2012, an employee at the Hope Creek plant was charged with attempted sabotage. He had deliberately disabled the cooling system for a reactor. He pleaded guilty and was sentenced to nearly 4 years in prison.
• In 2015, a group of protestors chained themselves to a water pump at Oyster Creek and were charged with trespassing as well as attempted tampering under 2C:17-7. Their charges were later dropped in a plea deal.

So while cases are rare, New Jersey authorities have charged people under this statute for both deliberate sabotage and protests that disable nuclear plant equipment.

Arguments For and Against the Law

Proponents of Section 2C:17-7 argue that the stiff penalties are necessary to protect public safety. Nuclear disasters could have catastrophic consequences, so strong deterrence is warranted. They also argue the law is limited in scope to only nuclear plants, not all critical infrastructure.

Critics counter that the law is overly broad and could be abused to punish protests and civil disobedience. They also argue mandatory minimum sentences are problematic and take discretion away from judges. Some have called for repealing the law entirely.

There are good-faith arguments on both sides of this issue. Lawmakers will likely continue debating the proper balance between public safety and protection of civil liberties.

Future of Nuclear Power in New Jersey

While Section 2C:17-7 remains in effect, the future of nuclear power in New Jersey is uncertain. Oyster Creek is set to close in 2019, and the other plants have aged past 40 years. But new smaller modular reactors could possibly replace them someday.

If New Jersey continues to host nuclear plants, it seems likely the tough laws against tampering and sabotage will remain in place. But their necessity will depend on the evolving energy landscape. The state may need to revisit the issue as more plants eventually shut down.