Pomianek Bias statute requires proof of defendant intended bias, not vic...

Bias statute requires proof of
defendant intended bias, not victim perception. State v. Pomianek 213
N.J. 253 (2013)

The court construed one section of
the bias intimidation statute, which defendant challenged as unconstitutional.
The court held that a conviction under N.J.S.A. 2C:16-1a(3) requires proof of
the defendant's biased intent in committing the predicate crime; proof of the
victim's perception of the crime is insufficient for a conviction. That
construction is consistent with the legislative history and necessary to avoid
holding the statute unconstitutional.

The court also construed the
official misconduct statute, N.J.S.A. 2C:30-2a, holding that under the facts of
this case defendant could be re-tried for official misconduct based on
harassment by conduct but not harassment by communication.