Yesterday, the New Jersey Senate overwhelmingly passed a bill that would increase the criminal penalties for false incrimination. This is a victory for criminal defendants across the state who are facing false allegations of criminal conduct.

False incrimination is the act of knowingly giving false information to a law enforcement officer in order to implicate another person. Currently, false incrimination is a fourth degree charge carrying up to 18 months in prison and $10,000 in fines. The bill, S1878, would make false incrimination a third-degree crime.

This means that, if the bill passes, anyone accused of false incrimination could face a 3-5 year prison sentence and up to $15,000 in fines. Furthermore, anyone who falsely implicates another of a first or second degree crime could face second-degree criminal charges, which include up to $150,000 in fines and 5-10 years in prison.

Meanwhile, falsely reporting a crime (knowingly reporting a crime that did not actually occur, but not implicating another person in doing so) would be upgraded to a fourth-degree crime.

The goal of this bill is to further deter people from blocking up the criminal justice system with false crimes. The author of the bill, Senator Donald Norcross (D-Camden/Gloucester), explains his reasoning for the bill this way: “Earlier this year, an individual in my district caused a manhunt by falsely accusing an acquaintance of sexual assault, identifying him as a serial rapist that has been plaguing Camden County. While police officers were busy investigating this person’s lies, they were unable to pursue the true criminal. This individual wasted thousands of taxpayer dollars in a city that is already strapped for resources. These actions undermine law enforcement agencies, take attention away from actual victims, and put the community at risk.”

The bill passed unanimously – 36-0 – in the Senate.

False incrimination can put someone into the criminal defense system and even lead to a wrongful conviction. Of course, not all wrongful accusations are intentional. Whether you have been wrongfully accused of a crime or face charges for false incrimination, you can benefit from hiring an experienced criminal defense lawyer to fight your charges and protect your future.

Source: Fifth Legislative District, “Norcross False Incrimination Bill passed by Senate,” Oct. 4, 2012.

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