The precedent if Lincoln code does not speak to something, is that it is whatever federal law would be on the matter, or if there is no federal law, then we simply have no laws on the matter. The laws of New Jersey would only apply to New Jersey. So, quick amendment to clean up the findings section, without opining either way on the bill itself at this time.
Mr. MILLHOUSE, for himself, introduces
A BILL
Concerning the maximum sentence for the crime of unlicensed broadcasting.
SECTION I. BILL NAMEThis bill may be known as the "
Reduced Penalties for Unlicensed Broadcasters (REPUB) Act".
SECTION II. FINDINGSThe General Court finds the following:
1. The laws of the State of New Jersey forbid any person from making “a radio transmission of energy…unless the person obtains a license, or an exemption from licensure, from the Federal Communications Commission pursuant to 47 U.S.C. s.301, or other applicable federal law or regulation”.
2. Under this law, violators are “guilty of a crime of the fourth degree”, and thus may be sentenced to up to eighteen
(18) months in jail (with a nine
(9) month presumptive sentence). (Reference
New Jersey Legislative Statutes 2C:33-23.1-2) 3. By precedent, this law is applicable on a region-wide basis. 43. The Region has a compelling interest in the promotion of free speech, whether on or off the air.
54. Restrictions such as the one at issue serve to undermine the cause described in Clause 4.
SECTION III. PROVISIONS 1. A person who engages in unlicensed broadcasting shall be liable for conviction of a misdemeanor crime.
2. Notwithstanding any other provision of law, the maximum sentence for a conviction under this statute shall be imprisonment for a period no more than twelve
(12) months, with the maximum possible presumptive sentence being no more than six
(6) months.
SECTION IV. ENACTMENTThis Act shall take effect immediately upon its passage into law.
