Understanding New Jersey’s Aggravated Hazing Law: What the Rutgers Case Reveals

New Jersey's Aggravated Hazing Law: What the Rutgers Case

Earlier this month, a Rutgers student was critically injured inside what officials now describe as a condemned fraternity house. The incident has drawn immediate attention from law enforcement, university officials, and anti-hazing advocates across the country.

Among those watching closely are Jim and Evelyn Piazza, parents of Timothy Piazza, who died from a hazing incident at Penn State University in 2017. The law that bears their son’s name—Timothy J. Piazza’s Law—dramatically increased penalties for hazing in New Jersey. Now, the Rutgers case could become the first prosecution under this landmark legislation.

“To me, that rises to the level of felony hazing,” Jim Piazza told News 12 New Jersey, “and if it’s not prosecuted as such, I will be beside myself.”

This case highlights both the severity of New Jersey’s upgraded hazing laws and the significant challenges prosecutors face when bringing criminal charges against individuals involved in organizational behavior.

Key Takeaways

  • Timothy J. Piazza’s Law upgraded New Jersey hazing penalties in 2021, making serious injury or death a third-degree crime
  • Aggravated hazing resulting in serious bodily injury carries 3-5 years in prison and up to $15,000 in fines
  • Prosecutorial challenge lies in proving individual involvement in organizational behavior requires extensive witness testimony and evidence
  • No consent defense – Even if participants agreed to the hazing, it remains criminal under New Jersey law
  • Next step – If you’re facing hazing charges, call (732) 246-0888 for a free consultation with an experienced criminal defense attorney

How Timothy J. Piazza’s Death Changed New Jersey Hazing Law

On February 2, 2017, Timothy Piazza—a 19-year-old engineering student from Readington Township, New Jersey—attended a fraternity initiation at Penn State’s Beta Theta Pi house. During what was supposed to be a pledge ritual, Tim consumed at least 18 alcoholic beverages in under two hours.

The excessive drinking led to multiple falls throughout the night, including down a staircase and onto a stone floor.

Despite suffering severe head and abdominal injuries, Tim did not receive medical attention for 12 hours. Fraternity members who witnessed his condition failed to call for help. By the time emergency services arrived, it was too late. Tim died from a traumatic brain injury on February 4, 2017.

His death devastated his family and shocked the nation. But Jim and Evelyn Piazza refused to let their son’s death be in vain. They became passionate advocates for stricter anti-hazing legislation, pushing for laws that would finally treat hazing with the seriousness it deserves.

Pennsylvania passed comprehensive anti-hazing legislation in 2018, making severe hazing a felony and allowing authorities to confiscate fraternity houses where hazing occurred. New Jersey followed in August 2021 when Governor Phil Murphy signed Timothy J. Piazza’s Law.

The New Jersey law requires all middle schools, high schools, and universities to adopt anti-hazing policies with clear penalties for violations. More importantly, it dramatically increased criminal penalties for hazing that causes injury or death.

Now, eight years after Tim’s death, New Jersey may finally see its first major prosecution under this landmark law.

What Makes Hazing “Aggravated” Under New Jersey Law

New Jersey law distinguishes between standard hazing and aggravated hazing based on one critical factor: the severity of harm that results.

Here’s how the penalties break down:

Offense LevelInjury ResultPrison TermFinesClassification
HazingRisk of bodily injury (no actual injury)Up to 6 monthsUp to $1,000Disorderly persons offense
Aggravated HazingBodily injuryUp to 18 monthsUp to $10,000Fourth-degree crime
Aggravated HazingSerious bodily injury or death3-5 yearsUp to $15,000Third-degree crime

The key distinction comes down to what constitutes “serious bodily injury” under N.J.S.A. 2C:40-3. New Jersey law defines this as bodily injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss or impairment of any bodily function or organ.

When a Rutgers student ends up in the hospital with critical injuries after an alleged hazing incident, that almost certainly meets the threshold for serious bodily injury. This is exactly why Jim Piazza believes this case should be prosecuted as felony hazing—a third-degree crime carrying significant prison time.

Why Hazing Cases Are “Very Difficult To Codify”

As I explained to News 12 New Jersey during my recent interview about the Rutgers case, these prosecutions present unique challenges.

“It is very, very difficult to codify behavior like this when you’re dealing with an organization,” I told the station. Unlike a one-on-one assault or a clear-cut theft, hazing involves group dynamics, organizational structures, and varying degrees of individual participation.

The fundamental prosecutorial challenge is this: How do you prove who is criminally responsible when dozens of people may have been present, but only some actually participated in dangerous conduct?

Investigators must answer difficult questions:

  • Who organized the hazing ritual?
  • Who tried to stop the hazing or call for help?
  • Who was merely present but didn’t actively participate?
  • Who directly participated in forcing alcohol consumption or inflicting abuse?
  • Who facilitated the event by securing the location or purchasing supplies?

Under New Jersey law, you can be charged with hazing if you “knowingly or recklessly organize, promote, facilitate, or engage in” conduct that places someone at risk of bodily injury. That’s a broad definition, but prosecutors still must prove individual culpability beyond a reasonable doubt.

What The Law Prohibits (And What Doesn’t Count As A Defense)

Under N.J.S.A. 2C:40-3, New Jersey’s hazing statute, a person commits hazing when they engage in conduct connected to the initiation of applicants or members of a student or fraternal organization. The law specifically prohibits conduct that:

  • Causes or coerces someone to violate the law
  • Forces or coerces consumption of alcohol, drugs, food, or any substances that put the person at risk of physical or emotional harm
  • Subjects someone to physical abuse, brutality, whipping, beating, branding, or excessive exercise
  • Subjects someone to mental or emotional abuse, including sleep deprivation, isolation, or conduct that could cause extreme embarrassment or affect mental health
  • Causes sexual abuse, mistreatment, harassment, or degradation
  • Requires participation in any other activity that is reasonably likely to cause bodily injury

What’s particularly important to understand is what the law eliminated as potential defenses. The 2021 amendments to New Jersey’s hazing statute made two things crystal clear:

First, consent is not a defense. Even if the person being hazed agreed to participate in the ritual, that consent doesn’t make the conduct legal. You can’t sign away your right to be protected from dangerous hazing activities.

Second, organizational approval is not a defense. Even if the hazing was sanctioned or approved by the fraternity, sorority, or student organization, that approval doesn’t shield participants from criminal liability. The organization’s traditions or bylaws don’t override New Jersey criminal law.

This is a critical distinction from how hazing was treated in the past. For too long, dangerous hazing was dismissed with excuses like “they wanted to join” or “it’s always been done this way.” New Jersey law now rejects those justifications entirely.

As Evelyn Piazza said when the law was signed, “No young man or woman should ever be subjected to life-threatening behavior for just wanting to be included.”

Could This Be The First Prosecution Under The Piazza Law?

The Rutgers student who was critically injured remains hospitalized at time of writing. The fraternity house where the incident occurred has been condemned by university officials. If prosecutors move forward with criminal charges, this could become the first landmark prosecution under Timothy J. Piazza’s Law.

For Jim and Evelyn Piazza, this case represents a crucial test of whether the law bearing their son’s name will be enforced with the seriousness they fought so hard to achieve.

“We kind of knew it was hazing,” Jim Piazza said about the Rutgers incident. “We had talked to the dad last week. Actually, after it happened, it was pretty clear to me that it was a hazing incident. It’s just people were trying to create a different narrative about it.”

That statement is telling. In the aftermath of hazing incidents, there’s often an immediate effort to downplay what happened, to characterize it as an accident or a tradition that went wrong.

But under New Jersey law, those alternative narratives don’t change the criminal nature of the conduct.

In my nearly 20 years defending clients in New Jersey, I’ve seen how these cases devastate families and communities on both sides. Victims suffer life-altering injuries—or worse, lose their lives. Those accused face consequences that can destroy their futures, even if they never intended for anyone to get hurt.

The challenge for prosecutors is ensuring they charge the right people with the appropriate level of evidence. The challenge for defense attorneys like me is protecting the rights of clients who may have been wrongly identified or whose involvement didn’t rise to the level of criminal conduct.

The Broader Impact: New Jersey Takes Hazing Seriously

Since Timothy J. Piazza’s Law took effect in 2021, New Jersey has taken significant steps to create a culture where hazing is no longer tolerated.

The law requires all public and private schools in New Jersey—from middle schools to universities—to adopt comprehensive anti-hazing policies. These policies must include clear definitions of prohibited conduct and specific penalties for violations, which can include suspension, expulsion, or withholding of diplomas.

Beyond individual criminal liability, organizations themselves now face financial consequences. A student organization, fraternity, sorority, or club that knowingly or recklessly promotes or facilitates hazing can be fined between $1,000 and $5,000 for a first offense, and $5,000 to $15,000 for subsequent violations.

This cultural shift extends beyond college campuses. The law covers hazing that occurs in any context—high school sports teams, honor societies, military units, and social clubs. Anywhere students or members are subjected to dangerous initiation rituals, New Jersey law now provides serious criminal penalties.

Get The Legal Help You Need

The Rutgers hazing case represents a critical moment for New Jersey’s commitment to preventing these tragedies. If prosecutors move forward with charges under Timothy J. Piazza’s Law, it will send a powerful message: Hazing that causes serious injury will be prosecuted as a felony, with consequences that can include years in state prison.

As I explained to News 12 New Jersey, these cases are extremely difficult to prosecute because of the organizational nature of hazing. Investigators must identify who was directly involved and build a case based on witness testimony and evidence.

But difficult doesn’t mean impossible—and the Middlesex County Prosecutor’s Office is clearly taking this case seriously.

If you or someone you know is facing a hazing investigation or charges in New Jersey, the decisions you make now will impact your future for years to come. With so much at stake—your freedom, your education, your career—you need an experienced New Jersey hazing lawyer who understands both the law and the local courts.

I’ve spent nearly 20 years defending clients throughout Middlesex County and across New Jersey. I know how prosecutors build these cases, and I know how to protect your rights at every stage of the process. I’m available 24/7 to discuss your case and begin building your defense.

Call me, John B. Fabriele, III, at (732) 246-0888 right now for your free consultation.