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A 4652

Relates to enhanced penalties for domestic violence crimes

2025 Regular Session Introduced by Joe Sempolinski

Creates inciting a public brawl as a crime (targeting 4+ people) and raises disorderly conduct penalties for disrupting public gatherings.

REFERRED TO CODES
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Bill Summary · A 4652

Summary — A4652 (P.L.2025, c.59): Inciting public brawls; disorderly conduct penalties

Status: Enacted (Approved June 2, 2025 as P.L.2025, c.59)
Introduced: June 25, 2024
Primary sponsors: Assemblyman Dan Hutchison; Co-sponsor: Joseph Sempolinski
Companion: S3507

Purpose

To deter and criminalize organized group disturbances by (1) creating a standalone offense of "inciting a public brawl" and (2) increasing certain penalties for disorderly conduct committed with the purpose or knowing likelihood of disrupting public gatherings.

Key provisions

  • Creates a new offense, "inciting a public brawl":

    • Occurs when a person acts with purpose to incite a group of four or more other persons imminently to engage in a course of disorderly conduct (as defined in N.J.S.2C:33-2 subsections a or d), or to produce such an imminent course of disorderly conduct.
    • The offense is a crime of the fourth degree if the conduct is directed at inciting/producing the course of disorderly conduct defined in subsection a of N.J.S.2C:33-2 (improper/violent behavior); otherwise it is a disorderly persons offense.
    • Conviction for inciting a public brawl does not merge with riot or disorderly conduct charges.

  • Revises N.J.S.2C:33-2 (Disorderly Conduct):

    • Upgrades certain conduct at public gatherings: a person who acts with purpose to disrupt or cause a disturbance at a public gathering or who engages in behavior knowing it will do so commits a disorderly persons offense (previously petty disorderly persons).
    • Adds a disorderly persons offense for concealing identity by wearing a mask or disguise while engaging in a course of disorderly conduct, when done with purpose to instill fear, hinder prosecution, or avoid apprehension.
    • Explicit exemption: wearing a mask/disguise solely for medical, religious, or expressive purposes is not, by itself, evidence of those culpable purposes.

  • Non-merger: convictions for the new offense may be charged in addition to riot or disorderly conduct where applicable.

Penalties

  • Fourth-degree crime: up to 18 months imprisonment and/or fine up to $10,000 (PTI eligibility possible).
  • Disorderly persons offense: up to 6 months imprisonment and/or fine up to $1,000.
  • Petty disorderly persons offense (unchanged for some conduct): up to 30 days and/or fine up to $500.

Who is affected

  • Individuals who organize, incite, or knowingly provoke group disturbances (groups of 4+).
  • Persons concealing identity during disorderly conduct, except when mask-wearing is for medical, religious, or expressive reasons.
  • Law enforcement, prosecutors, courts, corrections, public defender offices, and municipal courts (administrative and caseload effects).

Fiscal and operational impact

  • Office of Legislative Services estimates indeterminate increases in State and local expenditures and revenues (cannot predict incidence).
  • Potential impacts on county prosecutors, Judiciary, Department of Corrections, State Parole Board, Public Defender, counties/municipalities.
  • Provided cost context: FY24 average annual cost per incarcerated person ≈ $75,254; median county jail daily cost ≈ $228.

Legislative history / procedural notes

  • Referred to Assembly Public Safety & Preparedness Committee (June 2024), reported out with amendments by Senate committee (Mar 17, 2025).
  • Governor issued a conditional veto recommending clarifications (Brandenburg-like imminence standard and mask exemptions); Legislature concurred with changes.
  • Passed both houses and signed into law June 2, 2025; effective immediately.

For readers seeking the statutory texts: the bill amends N.J.S.2C:33-1 and N.J.S.2C:33-2 to add the above definitions and penalties.

Compiled from official sources — confirm details with the bill’s official record.

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