New Jersey Senate Bill S2823

New Jersey 2022-2023 Regular Session

• Introduced: 6/9/22
• Refer: 6/9/22

Caption

Creates offense of tracking for unlawful purpose; imposes enhanced penalties.

Impact

If enacted, S2823 would amend existing laws under Title 2C of the New Jersey Statutes. The bill would not only define the unlawful tracking offense but also impose enhanced penalties for violations. Typically, a fourth degree crime carries up to 18 months of imprisonment and potential fines; however, the bill stipulates that violators would instead face an extended term of imprisonment of up to five years. This change is expected to serve as a deterrent against the misuse of tracking devices for nefarious purposes, particularly as technology has advanced to allow such tracking with relative ease.

Summary

Senate Bill S2823 aims to address the unlawful use of tracking devices, specifically global positioning systems (GPS), by creating a new offense for tracking a vehicle with intent to commit an unlawful act. Under this bill, such tracking would be classified as a fourth degree crime, differentiating it significantly from other property offenses by imposing stricter penalties. The primary motivation behind S2823 is to combat the misuse of technology in cases related to domestic violence and other criminal activities, thereby enhancing public safety and protection for individuals at risk.

Contention

There may be concerns about the implications of this bill on personal privacy and the potential for overreach in the enforcement of tracking regulations. Critics could argue that the bill might inadvertently affect individuals who use tracking devices for lawful purposes (e.g., for vehicle recovery or parental monitoring). Additionally, discussions may arise regarding the definition of 'unlawful act' and the burdens it places on law enforcement to prove intent behind the usage of such devices.