Retroactive Law Application Concerns

Summary

Laws are generally not applied retroactively due to the principle of ex post facto laws, which prohibits criminalizing actions that were legal when committed. If abortion was legal at the time it occurred, a new law equating it to homicide would typically not apply retroactively. However, consulting a local attorney is advisable for specific legal advice regarding your situation.

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So if abortion was legal at the time it happened, but 9 years later a state passes a law saying abortion is equivalent to homicide and the state doesn’t have a statute of limitations for homicide, could that new law apply retroactively
Hey! Generally, laws are not applied retroactively due to the principle of ex post facto laws, which prohibits criminalizing actions that were legal when committed. However, it's best to consult a local attorney for specific advice regarding your situation.
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What is the statute of limitations for a bias crime?
In New Jersey, the statute of limitations for bias crimes, which are often prosecuted as hate crimes, can vary depending on the nature of the offense. Generally:
- Most bias crimes classified as indictable offenses (felonies) have a statute of limitations of 5 years.
- Bias crimes involving murder or certain sexual offenses might have no statute of limitations.
It's advisable to consult with a local attorney for specifics related to your situation.
What is the difference between a bias crime and a bias incident?
In New Jersey, the distinction between a bias crime and a bias incident is as follows:
- Bias Crime: Involves a criminal act committed against a person, property, or group, motivated by racial, religious, gender, sexual orientation, or other biases. It is prosecutable under criminal law.
- Bias Incident: Refers to actions motivated by bias that may not rise to the level of a crime. It might involve expressions or conduct that are offensive but do not violate criminal laws.
If you need more information, feel free to ask!
Is harassment combined with a bias incident considered a bias crime?
In New Jersey, if harassment is motivated by bias (e.g., racial, religious, or sexual orientation), it can elevate the incident to a bias crime. This means that even if the harassment alone doesn't qualify as a bias crime, the bias motivation can make it one. If you need more legal advice, consulting a local attorney might be beneficial.
My disability was repeatedly targeted by mimickry and mockery of that disability. Is that a crime?
Case Rating: *
Mimicking or mocking a disability may not constitute a crime by itself unless it falls under harassment motivated by bias. In New Jersey, if such actions are proven to be motivated by bias against a disability, it could be considered a bias crime. Consulting with a local attorney would be beneficial for guidance specific to your case.