Relates to certain assault crimes which include the aid or encouragement of additional persons

Summary of specific provisions

Section one of the bill adds the act of a minor striking an unsuspecting person in the head with the intent to render such person unconscious or aiding or encouraging someone to do the same and as a result causing physical injury or serious physical injury to the crime of Assault in the first degree (a class B violent felony offense).

Section two of the bill adds the actions described above, when done with a group of two or more other persons, to the crime of Gang Assault in the first degree, (a class B violent felony offense).

Section three of the bill adds the actions described above, when this act results in the death of the victim, to the crime of Manslaughter in the first degree (a class B violent felony offense).

Section four of the bill adds the new subsections of Assault first, Gang Assault first and Manslaughter first to the list of crimes that are exempt from being provided with youthful offender status.

Section five of the bill adds the new subsections of Assault first, Gang Assault first and Manslaughter first to the list of crimes for which youths aged fourteen and fifteen years old may not be treated as a juvenile offender.

Section six of the bill provides that where a child who is convicted of the new subsections of Assault first, Gang Assault first and Manslaughter first, would otherwise be sentenced as a juvenile offender, such person shall instead be sentenced in accordance with the adult sentencing framework.

Sections seven and eight of the bill allow youths between the ages of 14 and 18, who are convicted of any of the new subsections added by this bill regarding Assault first, Gang Assault first and Manslaughter first to be sentenced up to 25 years imprisonment when serving

consecutive sentences. This section also increases to 25 years the maximum consecutive penalty where one of the crimes is Arson first and kidnapping first.

Section nine of the bill provides that before a youth, accused of the above new sections of law, may be removed from criminal court to Family Court for further proceedings the court must find that it is in the interest of justice and that there are mitigating circumstances that bear directly on the commission of the crime; the defendant was not the sole participant in the crime and his or her participation was relatively minor (although not so minor as to constitute a defense); or that there are possible deficiencies in proof of the crime.

Section ten provides the effective date.

Justification

Merlin reports have noted what appears to be a disturbing new trend in crime called the "knockout game" that has taken place in New York and in several other states. In these incidents, one individual within a group will suddenly sucker punch a stranger in the head in an attempt to render the person unconscious.

Many victims have been women, immigrants and the elderly. The perpetrators are generally young, from early teens into the early twenties, and are in groups where the group encourages the perpetrator to see if he can knock out the victim with one punch to the head. In most cases the victims are not robbed, but it has been reported that the group celebrates and encourages the attacker where the attack is successful. Without the encouragement of the group these attacks would not be taking place. This is why this bill holds all the members of the group equally accountable for this crime, not just the individual who actually throws the punch.

This legislation will provide sanctions appropriate to the seriousness of the crimes involved. Our youth need to realize that this "game" is a serious crime that puts people at risk of serious injury or death, and that they cannot "get away" with these brutal assaults because of their status as youth. Allowing just a slap on the wrist for this type of violent crime will only encourage the continuation and spread of this activity. The depravity of inflicting serious or even life-threatening injury just for fun needs to be addressed, and those who choose to participate in these cruel attacks must he held accountable.

This legislation provides the sufficient sanctions that need to be in place in order to deter people from engaging in this deplorable "game" and to save the vulnerable among us from pain and suffering and even death.

Prior legislative history

2014: A.8382; amend and recommit to codes 2014: A.8382; print number 8382a 2014: S.6283; referred to codes

Fiscal implications for state and local governments

None

Effective date

Immediately.