New Jersey Section 2C:38-2 – Crime of terrorism; definitions.

New Jersey’s Anti-Terrorism Law: Section 2C:38-2

New Jersey has some pretty strict anti-terrorism laws on the books. Section 2C:38-2 of the state’s criminal code defines the “crime of terrorism” and lays out the punishments for it. This law was passed after 9/11, when many states started cracking down on terrorism.

But what exactly does this law say? And how has it been used in New Jersey? Let’s break it down so folks understand what’s legal and what’s not when it comes to terrorism in the Garden State.

The Definition of Terrorism

The key part of 2C:38-2 is the definition of “terrorism.” Here’s what the law says:

“A person is guilty of the crime of terrorism if he commits or attempts, conspires or threatens to commit any crime enumerated in subsection c. of this section with the purpose: (1) to promote an act of terror; or (2) to terrorize five or more persons; or (3) to influence the policy or affect the conduct of government by terror; or (4) to cause by an act of terror the impairment or interruption of public communications, public transportation, public or private buildings, common carriers, public utilities or other public services.”

That’s a mouthful! Let’s break it down:

• You commit “terrorism” if you do or plan to do certain dangerous crimes like murder, kidnapping, arson, etc. (the full list is in subsection c)
• Your purpose has to be to:
  • Promote terror
  • Intimidate 5+ people
  • Influence government through terror
  • Disrupt public services or utilities

So terrorism isn’t just one specific crime under New Jersey law. It’s when you commit – or plan to commit – certain crimes with a specific goal of spreading terror.

What Are the Punishments?

If convicted of terrorism under 2C:38-2, you can face some very serious punishments:

• 1st degree crime: 10-20 years in prison
• 2nd degree crime: 5-10 years in prison
• 3rd degree crime: 3-5 years in prison

The degree depends on the underlying offense you were trying to commit as part of the terrorist act. Things like murder or kidnapping make it a 1st degree crime.

You can also get fined up to $250,000 on top of the jail time. And there are enhanced penalties if the victim was a law enforcement officer.

Controversies and Criticisms

New Jersey’s anti-terrorism law has been controversial for a few reasons:

• Broad definition – Critics say the definition of terrorism is too vague and broad. Things like protests or civil disobedience could potentially be charged as “terrorism” even if they’re non-violent.
• Abuse of power – There’s concern that overzealous prosecutors could abuse the law to go after people for political reasons, not true threats.
• Free speech issues – Some legal experts think the law goes too far in restricting free speech rights. Certain political statements could be illegal if construed as “promoting terror.”
• Discrimination – Muslim groups have argued the law promotes discrimination by focusing so heavily on radical Islamic terrorism.
• Mandatory minimums – The mandatory minimum prison sentences take away judges’ discretion. Some think the punishment doesn’t always fit the crime.

So while New Jersey’s law tries to crack down on terrorism, it’s controversial even today. There are still debates over how far anti-terrorism laws should go vs. protecting constitutional rights.

Real World Examples

But how has this law actually been used in practice? Here are a few notable cases:

• In 2015, two New Jersey men were convicted of trying to join ISIS to wage jihad. They got 8 years in prison under 2C:38-2.
• In 2013, a New Jersey man got 3 years for threatening a “Columbine style” attack on a church.
• A former Rutgers student was convicted in 2008 under the terrorism law for threatening to kill students and desecrate the Koran.
• In 2015, a South Jersey man was charged with making terrorist threats for leaving a threatening voicemail for Senator Cory Booker.

So in practice, New Jersey’s terrorism law has put people in prison for things like violent plots, threats against politicians, and extremist recruitment. But critics would say some cases still go too far in punishing speech rather than actions.

The Future of Anti-Terrorism Laws

In the years since 9/11, federal and state anti-terrorism laws have expanded greatly. New Jersey is no exception. Proponents argue these laws help prevent another major attack on U.S. soil.

But civil liberties groups continue to warn about overreach. They want more oversight and constraints to protect free speech and minority groups. There are also calls for anti-discrimination regulations to accompany anti-terrorism laws.

For now, Section 2C:38-2 remains New Jersey’s main anti-terrorism law. It’s a powerful tool for prosecutors to go after suspected terrorists. But it still generates lots of controversy over how far is too far when fighting terrorism vs. protecting rights. The debates are sure to continue as lawmakers try balancing security and freedom.