New Jersey Section 2C:40-3 – Hazing; aggravated hazing

New Jersey’s Anti-Hazing Law: What You Need to Know

Hazing is a big problem, you guys. It can lead to some seriously dangerous and traumatic situations. That’s why New Jersey passed a strict anti-hazing law – to crack down on this behavior. As a lawyer, you gotta be up to speed on what the law says so you can advise your clients. I’ll break it down for you here so you have all the deets.

What Exactly is Hazing?

[The law](https://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-40-3) defines hazing as any action taken against someone joining or being initiated into a student group, organization, team, etc. that’s meant to embarrass, degrade, humiliate, or risk emotional and/or physical harm.

Some common examples are:

• Forcing excessive alcohol consumption
• Beating, paddling, or other physical abuse
• Sleep deprivation
• Forced eating like super spicy stuff
• Having to do degrading or dangerous stunts

You get the idea – it’s about putting new members through the ringer for no good reason.

Two Levels of Hazing

There’s regular hazing, and then there’s aggravated hazing.

Regular hazing is when someone knowingly or recklessly organizes, promotes, aids or participates in a hazing activity that risks bodily injury or emotional harm.

Aggravated hazing kicks it up a notch. It’s when someone does the same stuff but the hazing results in serious bodily injury or death.

So aggravated hazing is for the really dangerous, harmful stuff.

What’s the Punishment?

For regular hazing, it’s a disorderly persons offense. If convicted, penalties can include:

• Up to 6 months in jail
• Probation
• Community service
• Fines up to $1,000

For aggravated hazing, it becomes a 4th degree crime. Penalties jump way up to:

• Up to 18 months in jail
• Fines up to $10,000

Plus there can be civil liability for injuries or damages from the hazing.

So yeah, we’re talking real criminal charges here, folks. This ain’t a slap on the wrist situation.

What About Consent?

The law makes it crystal clear – consent of the victim does NOT matter.

You can’t say “Hey they agreed to be hazed so it’s fine!” That consent is irrelevant according to the law.

The thinking is that peer pressure and wanting to fit in often causes people to “consent” to dangerous or degrading hazing activities.

Are There Any Defenses?

There are a few potential defenses:

• Lack of knowledge – Defendant can argue they didn’t know about the hazing or what was planned. Harder for organizers though.
• No active participation – Defendant can claim they didn’t actively take part in the hazing. For example, just being present but not doing anything.
• Constitutional arguments – Defendant may claim the law violates their 1st Amendment or due process rights. Unlikely to succeed.

But in general, defenses are limited because the law is so broad. Best to just avoid hazing altogether!

What About Free Speech?

Some argue hazing laws violate the 1st Amendment right to freedom of speech. Like you should be able to say offensive or degrading things as part of a ritual.

Courts have said the law isn’t targeting the speech itself, but the act of hazing. The speech just happens to be part of the illegal conduct.

So the law stands up to 1st Amendment challenges so far. But there are still criticisms that it’s overbroad and vague.

What Does This Mean for Colleges?

With Greek life and other campus groups, colleges have to be super vigilant about hazing.

If they don’t act to prevent hazing, they can get sued big time for negligence. Multi-million dollar lawsuits are happening more often.

Colleges also have to report hazing incidents to law enforcement or they can get fined. And they might have to suspend or discipline student groups.

So for colleges it’s a legal minefield trying to control what student groups are doing off-campus.

Can Hazing Lead to Other Charges?

Oh for sure. If crimes occur during hazing events, additional charges can stack up fast:

• Assault
• Sexual assault
• Reckless endangerment
• Unlawful imprisonment
• And more

Prosecutors will often pile on charges because the facts are so bad in many hazing cases. The sentences can really add up.

Key Takeaways

• Hazing is legally defined very broadly in NJ
• Consent is no defense
• Serious criminal penalties apply
• Colleges are under pressure to control hazing
• Other criminal charges often accompany hazing

The bottom line is hazing is really risky business in New Jersey. Don’t do it, people! You’ve been warned.

Hope this overview helps explain the law for anyone dealing with hazing issues. Let me know if you have any other questions!