N.J.S.A. T. 2C, Disp Table

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice


TABLE


Showing Disposition of Statutes as Amended and Supplemented


Prepared by the state on enactment of the Code of Criminal Justice as Title 2C by P.L.1978, c. 95.


TITLE 2C. NEW JERSEY CODE OF CRIMINAL JUSTICE


Source Sections

Subsequent Laws

Revised Sections

1:1-15

2C:1-1

2A:69-1

As am.

L.1953, c. 98;

)

 
   

L.1964, c. 44

)

2C:51-3

2A:84A-32.1

 

through

   

2A:84A-32.3

L.1976, c. 71, §§ 1 to 3

2C:14-7

2A:85-1

2C:1-5

2A:85-2

2C:2-6

 

2C:29-3

2A:85-3

2C:2-9

2A:85-4

As am.

L.1977, c. 364, § 1

2C:4-11

2A:85-5

2C:5-1

 

2C:5-4

2A:85-5.1

L.1971, c. 450, § 1

Not Enacted

2A:85-6

As am.

L.1977, c. 214, § 1

2C:43-1

     

2C:43-3

     

2C:43-6

2A:85-7

2C:43-1

 

2C:43-3

 

2C:43-6

2A:85-8

As am.

L.1953, c. 166, § 1

2C:43-7

     

2C:44-3

     

2C:44-4

2A:85-9

As am.

L.1953, c. 166, § 2

2C:43-7

     

2C:44-3

2A:85-10

2C:43-7

 

2C:44-3

2A:85-11

Not Enacted

2A:85-12

As am.

L.1953, c. 166, § 3

2C:43-7

     

2C:44-3

2A:85-13

As am.

L.1953, c. 166, § 4

2C:43-7

     

2C:44-3

2A:85-14

2C:2-6

2A:85-15

L.1973, c. 191, § 1;

)

2C:52-2

 

As am.

L.1975, c. 47

)

2C:52-3

     

)

2C:52-4

     

)

2C:52-6

     

)

2C:52-7

2A:85-16

L.1973, c. 191, § 2

2C:52-9

   

2C:52-10

2A:85-17

L.1973, c. 191, § 3

2C:52-1

   

2C:52-11

   

2C:52-15

2A:85-18

L.1973, c. 191, § 4

2C:52-19

2A:85-19

L.1973, c. 191, § 5

2C:52-12

   

2C:52-14

2A:85-20

L.1973, c. 191, § 6

2C:52-14

2A:85-21

L.1973, c. 191, § 7

2C:52-27

2A:85-22

L.1973, c. 191, § 8

2C:52-31

2A:85-23

L.1973, c. 191, § 9

Not Enacted

2A:86-1

)

 

2A:86-2

)

2A:86-3

)

 

2A:87-1

)

2A:87-2

)

 

2A:88-1

)

2A:88A-1

L.1964, c. 74

)

Not Enacted

2A:89-1

   

through

     

2A:89-6

2C:17-1

2A:90-1

2C:12-1

2A:90-2

2C:12-1

 

2C:15-1

2A:90-3

2C:12-1

 

2C:15-1

2A:90-4

L.1962, c. 39;

)

 

As am.

L.1967, c. 183;

)

 
   

L.1967, c. 262

)

2C:12-1

2A:91-1

)

 

2A:91-2

)

Not Enacted

2A:91-3

2C:21-4

2A:91-4

Not Enacted

2A:91-5

 

through

 

2A:91-7

2C:21-4

2A:91-8

2C:21-4

 

2C:21-14

2A:92-1

)

2A:92-2

)

2C:24-1

2A:93-1

)

2A:93-2

)

2C:27-2

 

)

2C:27-6

2A:93-3

Not Enacted

2A:93-4

As am.

L.1977, c. 214, § 2

2C:27-2

     

2C:27-6

2A:93-5

As am.

L.1977, c. 214, § 3

2C:51-2

2A:93-5.1

L.1977, c. 214, § 9

Omitted

2A:93-6

As am.

L.1977, c. 214, § 4

2C:27-2

     

2C:27-6

     

2C:27-7

2A:93-7

)

 

2A:93-8

)

2A:93-9

)

Not Enacted

2A:93-10

 

through

 

2A:93-14

2C:21-11

2A:94-1

)

 

2A:94-2

)

2C:18-2

2A:94-3

)

2C:5-5

2A:94-4

L.1971, c. 314

Not Enacted

2A:95-1

)

 

2A:95-2

As am.

L.1954, c. 219, § 1

)

2A:95-3

L.1954, c. 219, § 2;

)

 
 

As am.

L.1973, c. 219, § 37

)

2C:33-9

2A:96-1

Not Enacted

2A:96-2

 

through

 

2A:96-4

2C:24-4

2A:96-5

L.1952, c. 121;

)

Saved from

 

As am.

L.1966, c. 12, § 1

)

Repeal (See

2A:96-5.1

L.1966, c. 12, § 2

)

2C:98-3)

2A:96-6

 

through

   

2A:96-8

L.1953, c. 265, §§ 1 to 3

Repealed

   

L.1977, c. 367,

   

§ 20

2A:97-1

As am.

L.1977, c. 214, § 5

2C:29-4

2A:97-2

Not Enacted

2A:98-1

As am.

L.1952, c. 91

 

2A:98-2

)

2A:98-3

L.1961, c. 53, § 1

)

 

2A:98-4

L.1961, c. 53, § 2

)

2C:5-2

2A:99-1

2C:12-1

 

2C:29-1

2A:99-2

Not Enacted

2A:99A-1

L.1960, c. 177, § 1

)

2A:99A-2

L.1960, c. 177, § 2

)

2C:21-19

2A:99A-3

L.1960, c. 177, § 3

Not Enacted

2A:99A-4

L.1960, c. 177, § 4;

)

 
 

As am.

L.1977, c. 391, § 1

)

2C:21-19

2A:99B-1

L.1970, c. 131

Not Enacted

2A:100-1

)

2A:100-2

)

2C:24-5

2A:100-3

)

2A:100-4

As am.

L.1969, c. 148

)

 

2A:100-5

   

)

through

   

)

 

2A:100-8

)

2C:62-1

2A:101-1

2C:12-1

2A:102-1

2C:20-9

2A:102-2

2C:20-9

 

2C:21-15

2A:102-3

2C:20-9

 

2C:21-15

2A:102-4

)

 

through

)

2A:102-9

)

 

2A:102-10

As am.

L.1954, c. 123, § 1

)

2A:102-11

As am.

L.1954, c. 123, § 2

)

 

2A:102-12

)

2C:20-9

2A:102-12.1

L.1959, c. 98

Not Enacted

2A:102-13

 

through

   

2A:102-17

L.1957, c. 182, §§ 1 to 5

Saved from

   

Repeal (See

   

2C:98-3)

2A:103-1

)

 

2A:103-2

)

2C:27-2

2A:104-1

 

through

 

2A:104-7

2C:29-5

2A:104-8

2C:29-5

 

2C:29-6

2A:104-9

)

2A:104-10

)

2C:29-5

2A:104-11

)

2A:104-12

)

2C:29-6

2A:104-13

L.1964, c. 265, § 1

)

2A:104-14

L.1964, c. 265, § 2

)

2C:29-7

2A:105-1

As am.

L.1977, c. 214, § 6

2C:20-5

     

2C:27-2

     

2C:27-6

2A:105-2

As am.

L.1977, c. 214, § 7

2C:20-5

     

2C:27-2

     

2C:27-6

2A:105-3

As am.

L.1963, c. 152

2C:12-3

     

2C:13-5

     

2C:20-5

2A:105-4

2C:20-5

2A:105-5

L.1968, c. 83

2C:13-5

   

2C:20-5

2A:106-1

Not Enacted

2A:107-1

 

through

 

2A:107-5

Not Enacted

2A:108-1

 

through

   

2A:108-4

)

2A:108-5

As am.

L.1966, c. 215, § 1

)

 

2A:108-6

)

2A:108-7

As am.

L.1966, c. 215, § 2;

)

 
   

L.1967, c. 98

)

2C:21-7

2A:108-8

Not Enacted

2A:108-9

L.1952, c. 95

Saved from

   

Repeal (See

   

2C:98-3)

2A:109-1

 

through

 

2A:109-11

2C:21-1

2A:110-1

Not Enacted

2A:111-1

)

 

2A:111-2

As am.

L.1954, c. 117, § 1;

)

   

L.1962, c. 76, § 1

)

 

2A:111-3

As am.

L.1954, c. 117, § 2;

)

   

L.1962, c. 76, § 2

)

 

2A:111-4

)

2C:20-4

2A:111-5

2C:20-4

 

2C:21-16

2A:111-6

2C:20-4

2A:111-7

2C:20-4

 

2C:21-18

2A:111-8

2C:20-4

2A:111-9

 

through

 

2A:111-11

2C:20-4

 

2C:21-4

2A:111-12

2C:20-4

 

2C:21-4

 

2C:21-9

2A:111-13

)

2A:111-14

)

2C:20-4

2A:111-15

As am.

L.1965, c. 184, § 2

2C:20-4

     

2C:21-5

2A:111-16

2C:20-4

 

2C:21-5

2A:111-17

2C:20-4

 

2C:21-5

2A:111-18

2C:20-4

 

2C:21-17

2A:111-19

2C:20-4

2A:111-20

2C:20-4

 

2C:21-12

2A:111-21

2C:20-4

2A:111-21.1

L.1964, c. 179

2C:20-4

   

2C:21-12

2A:111-22

 

through

 

2A:111-24

2C:20-4

 

2C:21-7

2A:111-25

L.1952, c. 332, § 1;

)

2C:20-4

 

As am.

L.1953, c. 432, § 1

)

2C:21-1

2A:111-26

L.1952, c. 332, § 2;

)

2C:20-4

 

As am.

L.1953, c. 432, § 2

)

2C:21-1

2A:111-27

L.1952, c. 332, § 3

2C:20-4

   

2C:21-1

2A:111-28

L.1954, c. 58, § 1

2C:20-4

2A:111-29

L.1954, c. 58, § 2

2C:20-4

2A:111-30

L.1954, c. 58, § 3

2C:20-4

   

2C:21-15

2A:111-31

L.1954, c. 58, § 4

2C:20-4

2A:111-32

L.1960, c. 62, § 1;

)

2C:20-4

 

As am.

L.1967, c. 301, § 3

)

2C:21-7

2A:111-33

L.1960, c. 62, § 2

)

 

2A:111-34

 

)

through

 

)

 

2A:111-36

L.1964, c. 294, §§ 1 to 3

)

2A:111-37

L.1968, c. 253, § 1

)

 

2A:111-38

L.1968, c. 253, § 2

)

2C:20-4

2A:111-39

L.1968, c. 260

2C:20-4

   

2C:21-4

2A:111-40

   

through

 

2A:111-46

L.1968, c. 300, §§ 1 to 7

2C:20-4

   

2C:21-6

2A:111-47

L.1968, c. 300, § 8

)

 

2A:111-48

L.1968, c. 300, § 9

)

2A:111-49

L.1968, c. 300, § 10;

)

 
 

As am.

L.1969, c. 299

)

2A:111-50

L.1968, c. 300, § 11

)

 

2A:111-51

L.1968, c. 300, § 12

)

Not Enacted

2A:111-52

 

)

 

through

 

)

Omitted

2A:111-55

L.1975, c. 269, §§ 1 to 4

)

 

2A:112-1

2C:37-1

2A:112-2

2C:37-1

 

2C:37-7

2A:112-3

2C:37-1

 

2C:37-2

 

2C:37-4

2A:112-4

 

through

 

2A:112-8

Not Enacted

2A:113-1

As am.

L.1971, c. 2, § 7

)

2C:11-2

2A:113-2

As am.

L.1965, c. 212

)

2C:11-3

2A:113-3

)

 

2A:113-4

)

2C:11-2

2A:113-5

2C:11-2

 

2C:11-4

2A:113-6

2C:3-4

 

2C:3-5

 

2C:3-6

 

2C:3-7

 

2C:11-2

2A:113-7

2C:11-2

2A:113-8

2C:11-2

 

2C:12-3

2A:113-9

2C:11-2

 

2C:11-5

2A:114-1

)

 

2A:114-2

)

2C:14-2

2A:115-1

2C:14-4

2A:115-1.1

L.1962, c. 165;

)

 

As am.

L.1966, c. 199, § 1;

)

 
   

L.1971, c. 449, § 3

)

2A:115-1.1a

L.1971, c. 449, § 2

)

Not Enacted

2A:115-1.1b

L.1971, c. 449, § 4

Repealer

2A:115-1.2

L.1966, c. 199, § 2

Repealed

   

L.1971, c. 449,

   

§ 4

2A:115-1.3

   

through

   

2A:115-1.5

L.1966, c. 199, §§ 3 to 5

Repealed

   

L.1971, c. 446,

   

§ 7

2A:115-1.6

L.1971, c. 446, § 1

2C:34-3

2A:115-1.7

L.1971, c. 446, § 2

2C:34-2

   

2C:34-3

2A:115-1.8

   

through

   

2A:115-1.11

L.1971, c. 446, §§ 3 to 6

2C:34-3

2A:115-1.12

L.1971, c. 446, § 7

Repealer

2A:115-2

As am.

L.1957, c. 175;

)

   

L.1959, c. 97

)

2C:34-2

2A:115-2.1

L.1971, c. 447, § 1

2C:34-4

2A:115-2.2

L.1971, c. 447, § 2

2C:34-2

   

2C:34-4

2A:115-2.3

L.1971, c. 447, § 3

)

 

2A:115-2.4

L.1971, c. 447, § 4

)

2C:34-4

2A:115-2.5

L.1971, c. 448, § 1

2C:34-2

   

2C:34-3

2A:115-2.6

   

through

 

2A:115-2.9

L.1971, c. 448, §§ 2 to 5

2C:34-3

2A:115-3

)

2A:115-3.1

L.1953, c. 392;

)

 
 

As am.

L.1960, c. 160, § 2

)

Not Enacted

2A:115-3.2

L.1957, c. 176

Repealed

   

L.1971, c. 446,

   

§ 7

2A:115-3.3

L.1962, c. 166, § 1

Not Enacted

2A:115-3.4

L.1962, c. 166, § 2

Repealed

   

L.1971, c. 449,

   

§ 4

2A:115-3.5

L.1962, c. 166, § 3;

)

 

As am.

L.1965, c. 69, § 1

)

 

2A:115-3.6

L.1962, c. 166, § 4;

)

 

As am.

L.1965, c. 69, § 2

)

 

2A:115-3.7

 

)

through

 

)

 

2A:115-3.10

L.1962, c. 166, §§ 5 to 8

)

2A:115-4

As am.

L.1957, c. 177

)

 

2A:115-5

)

2A:115-6

L.1971, c. 376

)

Not Enacted

2A:116-1

)

2A:116-2

)

 

2A:116-3

As am.

L.1960, c. 196;

)

   

L.1961, c. 128, § 4;

)

 
   

L.1965, c. 14;

)

   

L.1966, c. 161

)

2C:21-17

2A:117-1

 

through

 

2A:117-4

Not Enacted

2A:118-1

2C:13-1

2A:118-2

2C:12-3

2A:119-1

2C:20-2

2A:119-2

As am.

L.1957, c. 56;

)

   

L.1970, c. 298;

)

2C:20-1

   

L.1972, c. 159, § 1

)

2C:20-2

2A:119-3

2C:20-2

2A:119-4

2C:20-2

 

2C:21-3

2A:119-5

2C:20-2

 

2C:21-3

2A:119-5.1

L.1965, c. 52, § 1

Not Enacted

2A:119-5.2

L.1965, c. 52, § 2

2C:20-1

2A:119-5.3

L.1965, c. 52, § 3

2C:20-2

2A:119-5.4

L.1965, c. 52, § 4

2C:15-1

2A:119-5.5

L.1965, c. 52, § 5

)

2A:119-6

)

Not Enacted

2A:119-7

)

2A:119-8

)

 

2A:119-8.1

L.1962, c. 201

)

2C:20-2

2A:119-9

2C:20-7

2A:119A-1

L.1968, c. 349, § 1;

)

 

As am.

L.1970, c. 76

)

2C:21-19

2A:119A-2

L.1968, c. 349, § 2

2C:20-5

   

2C:21-19

2A:119A-3

L.1968, c. 349, § 3

)

2A:119A-4

L.1968, c. 349, § 4

)

2C:21-19

2A:120-1

Not Enacted

2A:121-1

)

 

2A:121-2

)

2C:37-2

2A:121-3

As am.

L.1967, c. 88, § 1

 

2C:37-2

       

2C:37-3

       

2C:37-4

2A:121-4

2C:37-2

2A:121-5

Not Enacted

2A:121-6

L.1961, c. 39;

)

 

As am.

L.1964, c. 65

)

2C:37-1

2A:122-1

2C:17-3

2A:122-2

2C:17-3

 

2C:21-12

2A:122-3

2C:17-3

 

2C:21-4

2A:122-4

 

through

 

2A:122-7

2C:17-3

2A:122-8

Not Enacted

2A:122-9

2C:17-3

2A:122-9.1

L.1971, c. 87, § 2

)

2A:122-9.2

L.1971, c. 87, § 3

)

Not Enacted

2A:122-10

L.1960, c. 5

2C:17-3

   

2C:33-9

2A:122-11

L.1960, c. 69

2C:33-3

2A:122-12

L.1967, c. 72

2C:17-3

   

2C:33-9

2A:123-1

2C:12-2

2A:123-2

Not Enacted

2A:123-3

 

)

 

through

 

)

2A:123-6

L.1953, c. 267, §§ 1 to 4

)

 

2A:123-7

L.1953, c. 267, § 5;

)

 

As am.

L.1954, c. 210, § 1

)

 

2A:123-8

 

)

through

 

)

 

2A:123-11

L.1953, c. 267, §§ 6 to 9

)

Saved from

2A:123-12

L.1953, c. 267, § 10;

)

Repeal (See

 

As am.

L.1954, c. 210, § 2

)

2C:98-3)

2A:123-13

 

)

 

through

 

)

2A:123-15

L.1953, c. 267, §§ 11 to 13

)

 

2A:123-16

)

through

)

 

2A:123-24

L.1975, c. 286, §§ 1 to 9

Omitted

2A:124-1

)

Omitted

2A:124-2

As am.

L.1958, c. 158, § 1

)

Not Enacted

2A:125-1

2C:12-1

2A:126-1

 

through

 

2A:126-5

2C:33-1

2A:126-6

Not Enacted

2A:126-7

2C:33-1

2A:127-1

 

through

 

2A:127-3

Not Enacted

2A:127-4

As am.

L.1977, c. 426, § 1

Saved from

     

Repeal (See

     

2C:98-3)

2A:127-5

L.1964, c. 86

Not Enacted

2A:128-1

2C:12-2

2A:128-2

 

through

 

2A:128-5

Not Enacted

2A:129-1

2C:12-1

2A:130-1

)

 

2A:130-2

)

Not Enacted

2A:130-3

2C:33-12

2A:130-4

)

2A:130-5

)

2C:33-12.1

2A:131-1

 

through

 

2A:131-3

2C:28-1

2A:131-4

)

 

2A:131-5

)

2C:28-1

 

)

2C:28-2

2A:131-6

2C:28-1

2A:131-7

2C:28-1

 

2C:28-2

2A:132-1

2C:33-3

2A:133-1

 

through

 

2A:133-12

2C:34-1

2A:134-1

Not Enacted

2A:134-2

 

through

 

2A:134-4

Repealed

 

L.1977, c. 74,

 

§ 14

2A:135-1

)

 

2A:135-2

)

Not Enacted

2A:135-3

As am.

L.1960, c. 97

2C:21-15

2A:135-4

Not Enacted

2A:135-5

2C:21-15

2A:135-6

 

through

 

2A:135-8

Not Enacted

2A:135-9

2C:51-2

2A:135-10

2C:28-8

2A:135-11

)

 

through

)

2A:135-13

)

 

2A:136-1

)

2A:137-1

)

 

through

)

2A:137-3

)

Not Enacted

2A:138-1

As am.

L.1952, C. 94

2C:14-2

2A:138-2

2C:14-2

 

2C:24-7

2A:139-1

As am.

L.1972, c. 160, § 1

)

 

2A:139-2

     

through

       

2A:139-4

   

)

2C:20-7

2A:140-1

)

 

2A:140-2

)

Not Enacted

2A:141-1

2C:15-1

2A:142-1

 

through

 

2A:142-3

Not Enacted

2A:142A-1

   

through

 

2A:142A-5

L.1977, c. 329, §§ 1 to 5

2C:24-4

2A:143-1

)

2A:143-2

)

2C:14-2

2A:144-1

)

2A:144-2

)

 

2A:145-1

)

Not Enacted

2A:146-1

Repealed

 

L.1968, c. 409,

 

§ 27

2A:146-2

)

2A:146-3

)

Not Enacted

2A:147-1

2C:21-1

2A:147-2

)

 

through

)

2A:147-4

)

 

2A:148-1

)

through

)

 

2A:148-5

)

Not Enacted

2A:148-6

2C:12-1

2A:148-7

 

through

 

2A:148-22

Not Enacted

2A:148-22.1

L.1957, c. 49

2C:28-4

2A:148-23

Repealed

 

L.1955, c. 155,

 

§ 5

2A:149-1

Saved from

 

Repeal (See

 

2C:98-3)

2A:149A-1

L.1967, c. 182;

)

 

As am.

L.1968, c. 395, § 1

)

 

2A:149A-2

L.1968, c. 395, § 2

)

2A:149A-3

L.1968, c. 395, § 3

)

Not Enacted

2A:150-1

2C:21-7

2A:150A-1

L.1971, c. 412, § 1;

)

 
 

As am.

L.1973, c. 354, § 1

)

Saved from

2A:150A-2

L.1971, c. 412, § 2;

)

Repeal (See

 

As am.

L.1973, c. 354, § 2

)

2C:98-3

2A:150A-3

 

)

 

through

 

)

2A:150A-5

L.1971, c. 412, §§ 3 to 5

)

 

2A:150A-6

L.1973, c. 354, § 3

)

2A:151-1

As am.

L.1966, c. 60, § 1

2C:39-1

2A:151-2

As am.

L.1966, c. 60, § 2

)

2A:151-3

)

2C:39-11

2A:151-4

As am.

L.1966, c. 60, § 3

Not Enacted

2A:151-5

As am.

L.1959, c. 148, § 1;

)

 
   

L.1963, c. 160;

)

   

L.1966, c. 60, § 4

)

2C:15-1

2A:151-6

As am.

L.1966, c. 60, § 5

Not Enacted

2A:151-7

As am.

L.1966, c. 60, § 6

2C:39-2

2A:151-8

As am.

L.1966, c. 60, § 7;

)

   

L.1973, c. 174, § 1

)

2C:39-7

2A:151-9

As am.

L.1966, c. 60, § 8

 

Not Enacted

2A:151-10

As am.

L.1966, c. 60, § 9;

)

 
   

L.1968, c. 147, § 1

)

2C:58-6.1

2A:151-10.1

L.1968, c. 147, § 3

Not Enacted

2A:151-11

As am.

L.1966, c. 60, § 10;

)

 
   

L.1967, c. 286, § 2;

)

 
   

L.1968, c. 147, § 2

)

2C:58-6.1

2A:151-12

As am.

L.1966, c. 60, § 11

 

2C:39-9

2A:151-13

As am.

L.1958, c. 91

Repealed

     

L.1966, c. 60,

     

§ 12

2A:151-14

2C:39-1

 

2C:39-3

2A:151-15

As am.

L.1966, c. 60, § 13

2C:39-1

     

2C:39-9

2A:151-16

As am.

L.1966, c. 60, § 14

2C:64-1

2A:151-17

2C:58-9

2A:151-18

As am.

L.1966, c. 60, § 15

2C:39-1

2A:151-19

As am.

L.1966, c. 60, § 16;

)

   

L.1971, c. 282, § 1

)

 

2A:151-20

)

2A:151-21

)

 

2A:151-22

As am.

L.1966, c. 60, § 17

)

2C:58-1

2A:151-23

Not Enacted

2A:151-24

As am.

L.1966, c. 60, § 18;

)

   

L.1971, c. 282, § 2;

)

 
   

L.1973, c. 264

)

2A:151-25

   

)

 

through

   

)

2A:151-28

As am.

L.1966, c. 60, §§ 19 to 22

)

2C:58-2

2A:151-29

Repealed

 

L.1966, c. 60,

 

§ 23

2A:151-30

Repealed

 

L.1966, c. 60,

 

§ 24

2A:151-31

Not Enacted

2A:151-32

As am.

L.1954, c. 67;

)

 
   

L.1966, c. 60, § 25

)

2A:151-33

As am.

L.1966, c. 60, § 26;

)

 
   

L.1973, c. 174, § 2

)

2A:151-34

   

)

 

through

   

)

2A:151-36

As am.

L.1966, c. 60, §§ 27 to 29

)

 

2A:151-37

)

2A:151-38

As am.

L.1966, c. 60, § 30

)

 

2A:151-39

As am.

L.1966, c. 60, § 31

)

2C:58-3

2A:151-40

Not Enacted

2A:151-41

As am.

L.1960, c. 26;

)

   

L.1966, c. 60, § 32;

)

 
   

L.1968, c. 307

)

2C:39-3

     

)

2C:39-4

     

)

2C:39-5

2A:151-41.1

L.1969, c. 157, § 1

)

 

2A:151-41.2

L.1969, c. 157, § 2

)

2C:39-5

2A:151-42

As am.

L.1966, c. 60, § 33

)

 

2A:151-43

As am.

L.1952, c. 308;

)

   

L.1953, c. 398;

)

 
   

L.1955, c. 265;

)

   

L.1956, c. 191, § 2;

)

 
   

L.1960, c. 113;

)

   

L.1963, c. 174;

)

 
   

L.1966, c. 60, § 34;

)

   

L.1968, c. 41, § 2;

)

 
   

L.1970, c. 245;

)

   

L.1971, c. 427, § 1

)

2C:39-6

2A:151-44

As am.

L.1966, c. 60, § 35

)

2A:151-44.1

L.1966, c. 60, § 36

)

 

2A:151-44.2

L.1966, c. 60, § 37

)

2C:58-4

2A:151-45

As am.

L.1959, c. 32;

)

 
   

L.1966, c. 60, § 38

)

2C:58-3

     

)

2C:58-4

2A:151-46

)

2A:151-47

)

Not Enacted

2A:151-48

As am.

L.1966, c. 60, § 39

2C:39-10

2A:151-49

As am.

L.1966, c. 60, § 40

2C:39-1

2A:151-50

2C:39-5

 

2C:39-9

2A:151-51

Not Enacted

2A:151-52

)

 

2A:151-53

As am.

L.1966, c. 60, § 41

)

2C:58-5

2A:151-54

Not Enacted

2A:151-55

2C:39-10

2A:151-56

As am.

L.1959, c. 148, § 2

2C:39-4

2A:151-57

Not Enacted

2A:151-57.1

L.1966, c. 60, § 42

2C:58-10

2A:151-57.2

L.1966, c. 60, § 43

Not Enacted

2A:151-57.3

L.1966, c. 60, § 44

Omitted

2A:151-58

Not Enacted

2A:151-59

As am.

L.1968, c. 100

2C:39-1

2A:151-60

2C:39-9

2A:151-61

As am.

L.1970, c. 328

Not Enacted

2A:151-62

L.1952, c. 5, § 1;

)

 

As am.

L.1959, c. 29

)

2C:39-1

     

)

2C:39-9

2A:151-63

L.1952, c. 5, § 2

Not Enacted

2A:152-1

 

through

 

2A:152-4

Saved from

 

Repeal (See

 

2C:98-3)

2A:152-5

Not Enacted

2A:152-6

2C:64-1

 

2C:64-6

2A:152-7

2C:64-1

 

2C:64-3

2A:152-8

2C:64-4

2A:152-9

2C:64-3

 

2C:64-4

2A:152-9.1

L.1962, c. 160, § 1

Not Enacted

2A:152-9.2

L.1962, c. 160, § 2

)

2C:64-3

2A:152-9.3

L.1962, c. 160, § 3

)

 

2A:152-9.4

L.1962, c. 160, § 4

)

Not Enacted

2A:152-9.5

L.1962, c. 160, § 5

)

 

2A:152-10

2C:64-4

2A:152-11

Not Enacted

2A:152-12

)

Saved from

2A:152-13

)

Repeal (See

 

)

2C:98-3)

2A:152-14

)

 

2A:152-15

L.1952, c. 212, § 1

)

2A:152-16

L.1952, c. 212, § 2

)

Not Enacted

2A:152-17

 

)

through

 

)

 

2A:152-19

L.1956, c.134, §§ 1 to 3

)

2A:153-1

)

 

through

)

2A:153-3

)

 

2A:153-4

L.1967, c. 171

)

2A:154-1

)

 

2A:154-2

)

2A:154-3

As am.

L.1968, c. 326;

)

 
   

L.1968, c. 398

)

2A:154-4

L.1968, c. 427

)

 

2A:155-1

)

through

)

Saved from

2A:155-7

)

Repeal (See

2A:156-1

)

2C:98-3

through

)

2A:156-4

)

 

2A:156A-1

L.1968, c. 409, § 1

)

2A:156A-2

L.1968, c. 409, § 2;

)

 
 

As am.

L.1978, c. 51, § 1

)

2A:156A-3

L.1968, c. 409, § 3

)

 

2A:156A-4

L.1968, c. 409, § 4;

)

 

As am.

L.1975, c. 131, § 1;

)

 
   

L.1978, c. 51, § 2

)

2A:156A-5

L.1968, c. 409, § 5;

)

 
 

As am.

L.1975, c. 131, § 2

)

2A:156A-6

L.1968, c. 409, § 6;

)

 
 

As am.

L.1975, c. 131, § 3

)

2A:156A-7

L.1968, c. 409, § 7

)

 

2A:156A-8

L.1968, c. 409, § 8;

)

 

As am.

L.1975, c. 131, § 4;

)

 
   

L.1978, c. 51, § 3

)

2A:156A-9

L.1968, c. 409, § 9;

)

 
 

As am.

L.1975, c. 131, § 5

)

2A:156A-10

L.1968, c. 409, § 10;

)

 
 

As am.

L.1975, c. 131, § 6

)

2A:156A-11

L.1968, c. 409, § 11;

)

 
 

As am.

L.1975, c. 131, § 7;

)

   

L.1978, c. 51, § 4

)

 

2A:156A-12

L.1968, c. 409, § 12;

)

 

As am.

L.1975, c. 131, § 8;

)

 
   

L.1978, c. 51, § 5

)

2A:156A-13

 

)

 

through

 

)

2A:156A-15

L.1968, c. 409, §§ 13 to 15

)

 

2A:156A-16

L.1968, c. 409, § 16;

)

 

As am.

L.1978, c. 51, § 6

)

 

2A:156A-17

L.1968, c. 409, § 17;

)

 

As am.

L.1975, c. 131, § 9

)

 

2A:156A-18

 

)

through

 

)

 

2A:156A-20

L.1968, c. 409, §§ 18 to 20

)

2A:156A-21

L.1968, c. 409, § 21;

)

 
 

As am.

L.1975, c. 131, § 10;

)

   

L.1978, c. 51, § 7

)

 

2A:156A-22

L.1968, c. 409, § 22

)

2A:156A-23

L.1968, c. 409, § 23;

)

 
 

As am.

L.1975, c. 131, § 11;

)

   

L.1978, c. 51, § 8

)

 

2A:156A-24

 

)

through

 

)

 

2A:156A-26

L.1968, c. 409, §§ 24 to 26

)

2A:157-1

)

 

2A:157-2

)

Saved from

 

)

Repeal (See

 

)

2C:98-3)

2A:157-2.1

L.1977, c. 438, § 2

)

Omitted

2A:157-3

As am.

L.1959, c. 161, § 1;

)

   

L.1966, c. 266;

)

 
   

L.1974, c. 171

)

2A:157-4

As am.

L.1959, c. 161, § 2;

)

Saved from

   

L.1961, c. 97;

)

Repeal (See

   

L.1967, c. 210;

)

2C:98-3)

   

L.1970, c. 260;

)

   

L.1973, c. 203, § 1;

)

 
   

L.1977, c. 79

)

2A:157-5

As am.

L.1959, c. 161, § 3

)

 

2A:157-6

As am.

L.1959, c. 161, § 4;

)

   

L.1973, c. 278

)

 

2A:157-7

As am.

L.1959, c. 161, § 5

)

2A:157-8

As am.

L.1974, c. 5;

)

 
   

L.1975, c. 234

)

2A:157-9

As am.

L.1959, c. 161, § 6;

)

 
   

L.1975, c. 280, § 1

)

2A:157-10

)

 

2A:157-11

As am.

L.1959, c. 161, § 7;

)

   

L.1966, c. 265

)

 

2A:157-12

As am.

L.1959, c. 161, § 8;

)

   

L.1969, c. 308;

)

 
   

L.1970, c. 259

)

2A:157-13

   

)

 

through

   

)

2A:157-15

As am.

L.1959, c. 161, §§ 9 to 11

)

 

2A:157-16

As am.

L.1959, c. 161, § 12;

)

   

L.1975, c. 280, § 2

)

 

2A:157-17

)

through

)

 

2A:157-21

)

2A:157-22

L.1953, c. 385

)

 

2A:157-23

)

2A:158-1

)

 

2A:158-1.1

L.1970, c. 6, § 1;

)

 

As am.

L.1972, c. 33;

)

 
   

L.1975, c. 149;

)

   

L.1976, c. 15;

)

 
   

L.1976, c. 118, § 1;

)

   

L.1978, c. 6, § 2;

)

 
   

L.1978, c. 24, § 1

)

2A:158-1.2

L.1970, c. 6, § 2

)

 

2A:158-2

)

2A:158-3

)

 

2A:158-4

As am.

L.1970, c. 74, § 20

)

2A:158-5

)

 

through

)

2A:158-9

)

 

2A:158-10

As am.

L.1952, c. 263, § 1;

)

   

L.1961, c. 41, § 1;

)

 
   

L.1968, c. 145, § 1

)

Saved from

     

)

Repeal (See

     

)

2C:98-3)

2A:158-11

)

 

2A:158-12

)

2A:158-12.1

)

Repealed

 

)

L.1961, c. 41,

 

)

§ 4

2A:158-12.2

Repealed

 

L.1968, c. 145,

 

§ 2

2A:158-13

Saved from

 

Repeal (See

 

2C:98-3)

2A:158-14

Repealed

 

L.1970, c. 74,

 

§ 22

2A:158-15

As am.

L.1961, c. 41, § 2

)

 

2A:158-15.1

L.1970, c. 6, § 3;

)

 

As am.

L.1979, c. 153, § 1

)

Saved from

     

)

Repeal (See

     

)

2C:98-3)

2A:158-15.1a

L.1976, c. 15, § 2;

)

 

As am.

L.1976, c. 118, § 2;

)

 
   

L.1978, c. 6, § 2;

)

   

L.1978, c. 24, § 3

)

Omitted

2A:158-15.2

L.1970, c. 6, § 4;

)

 

As am.

L.1970, c. 108;

)

 
   

L.1978, c. 24, § 2

)

2A:158-16

As am.

L.1952, c. 263, § 2;

)

 
   

L.1961, c. 41, § 3

)

2A:158-16.1

L.1957, c. 128

)

Saved from

   

)

Repeal (See

   

)

2C:98-3)

2A:158-17

)

2A:158-17.1

L.1952, c. 134, § 1

)

 

2A:158-17.2

L.1952, c. 134, § 2

)

2A:158-17.3

L.1953, c. 178

)

Repealed

   

)

L.1961, c. 41,

   

)

§ 4

2A:158-18

)

2A:158-18.1

L.1953, c. 307, § 1

)

 

2A:158-18.2

L.1953, c. 307, § 2

)

2A:158-19

)

 

2A:158-20

)

2A:158-21

L.1964, c. 168

)

 

2A:158A-1

L.1967, c. 43, § 1

)

2A:158A-2

L.1967, c. 43, § 2

)

 

2A:158A-3

L.1967, c. 43, § 3;

)

 

As am.

L.1974, c. 27, § 9

)

 

2A:158A-4

L.1967, c. 43, § 4

)

2A:158A-5

L.1967, c. 43, § 5

)

 

2A:158A-5.1

L.1974, c. 43, § 5

)

2A:158A-5.2

L.1974, c. 33, § 3

)

 

2A:158A-6

L.1967, c. 43, § 6

)

2A:158A-7

L.1967, c. 43, § 7;

)

 
 

As am.

L.1970, c. 308;

)

   

L.1972, c. 168

)

 

2A:158A-8

 

)

Saved from

through

 

)

Repeal (See

2A:158A-16

L.1967, c. 43, §§ 8 to 16

)

2C:98-3)

2A:158A-17

L.1967, c. 43, § 17;

)

 
 

As am.

L.1968, c. 371, § 1;

)

   

L.1969, c. 29, § 1

)

Saved from

2A:158A-18

L.1967, c. 43, § 18

)

Repeal (see

2A:158A-19

L.1967, c. 43, § 19;

)

2C:98-3)

 

As am.

L.1969, c. 29, § 2

)

2A:158A-20

L.1967, c. 43, § 20

)

 

2A:158A-21

L.1967, c. 43, § 21

Repealed

   

L.1969, c. 305

2A:158A-22

L.1967, c. 43, § 22

)

2A:158A-23

L.1968, c. 371, § 2

)

Saved from

2A:158A-24

L.1968, c. 371, § 3;

)

Repeal (see

 

As am.

L.1974, c. 33, § 1

)

2C:98-3)

2A:158A-25

L.1968, c. 371, § 4

)

2A:159-1

Not Enacted

2A:159-2

As am.

L.1953, c. 204

)

2A:159-3

As am.

L.1977, c. 214, § 8

)

 

2A:159-4

L.1952, c. 74;

)

 

As am.

L.1953, c. 243

)

2C:1-6

2A:159A-1

 

)

through

 

)

 

2A:159A-15

L.1958, c. 12, §§ 1 to 7

)

2A:160-1

)

 

through

)

2A:160-35

)

 

2A:161-1

)

Saved from

2A:162-1

)

 

through

)

2A:162-4

)

 

2A:162-5

As am.

L.1954, c. 233

)

2A:162-6

)

Repeal (See

through

)

2C:98-3)

2A:162-8

)

 

2A:162-9

L.1952, c. 163, § 1

)

2A:162-10

L.1952, c. 163, § 2

)

 

2A:162-11

L.1974, c. 93

Omitted

2A:163-1

Saved from

 

Repeal (See

 

2C:98-3)

2A:163-2

2C:4-1

 

2C:4-4

 

2C:4-6

 

2C:4-7

2A:163-3

2C:4-1

 

2C:4-3

2A:164-1

Saved from

 

Repeal (See

 

2C:98-3)

2A:164-2

)

2C:44-6

2A:164-3

As am.

L.1954, c. 151;

)

   

L.1954, c. 245, § 1;

)

 
   

L.1957, c. 25;

)

   

L.1967, c. 274, § 1

)

2C:47-1

2A:164-4

2C:47-2

2A:164-5

As am.

L.1956, c. 37;

)

 
   

L.1958, c. 161;

)

   

L.1967, c. 274, § 2

)

2C:47-3

2A:164-6

2C:47-3

2A:164-7

2C:47-4

2A:164-8

2C:47-5

2A:164-9

2C:47-3

2A:164-10

Not Enacted

2A:164-11

As am.

L.1954, c. 245, § 2

 

2C:47-7

2A:164-12

2C:47-5

2A:164-13

)

 

2A:164-14

)

Not Enacted

2A:164-15

As am.

L.1953, c. 421

 

2C:43-10

2A:164-16

As am.

L.1975, c. 76

 

Not Enacted

2A:164-17

As am.

L.1953, c. 276;

)

 
   

L.1954, c. 174

)

Not Enacted

2A:164-18

2C:43-10

2A:164-19

)

2A:164-20

)

 

2A:164-21

)

Not Enacted

2A:164-22

)

 

2A:164-23

)

2C:43-10

2A:164-24

As am.

L.1968, c. 255

Saved from

     

Repeal (See

     

2C:98-3)

2A:164-25

2C:46-3

2A:164-26

)

 

2A:164-27

)

Not Enacted

2A:164-28

As am.

L.1975, c. 383

2C:52-2,

     

2C:52-9

     

to 2C:52-11,

     

2C:52-15,

     

2C:52-27

2A:165-1

 

through

 

2A:165-12

Not Enacted

2A:166-1

 

through

 

2A:166-5

Not Enacted

2A:166-6

As am.

L.1971, c. 2, § 8

)

2A:166-7

)

Not Enacted

2A:166-8

 

through

 

2A:166-10

Saved from

 

Repeal (See

 

2C:98-3)

2A:166-11

2C:46-2

2A:166-12

)

Saved from

2A:166-13

)

Repeal (See

 

)

2C:98-3)

2A:166-14

2C:46-2

2A:166-15

)

2A:166-16

As am.

L.1963, c. 142, § 2;

)

 
   

L.1975, c. 144, § 2

)

Not Enacted

2A:166-17

)

 

through

)

2A:166-19

)

Saved from

2A:166A-1

 

)

Repeal (See

through

 

)

2C:98-3)

2A:166A-4

L.1960, c. 24, §§ 1 to 4

)

2A:167-1

 

through

 

2A:167-3

Not Enacted

2A:167-4

)

through

)

 

2A:167-11

)

Saved from

2A:167-12

As am.

L.1953, c. 275

)

Repeal (See

       

2C:98-3)

2A:168-1

As am.

L.1952, c. 267

2C:44-1

     

2C:45-1

     

2C:45-2

2A:168-2

2C:45-1

 

2C:45-2

 

2C:46-1

2A:168-3

2C:44-6

2A:168-4

2C:45-2

 

2C:45-3

 

2C:45-4

2A:168-5

As am.

L.1953, c. 311, § 1

)

 

2A:168-6

)

2A:168-7

)

 

2A:168-8

As am.

L.1953, c. 311, § 2

)

2A:168-9

)

 

through

)

2A:168-17

)

Saved from

2A:168-18

 

)

Repeal (See

through

 

)

2C:98-3)

2A:168-25

L.1953, c. 83, §§ 1 to 8

)

2A:168A-1

 

)

 

through

 

)

2A:168A-3

L.1968, c. 282, §§ 1 to 3;

)

 
 

As am.

L.1974, c. 161, §§ 2 to 4

)

2A:168A-4

   

through

 

2A:168A-6

L.1974, c. 161, §§ 5 to 7

Omitted

2A:169-1

)

2A:169-2

)

Not Enacted

2A:169-3

 
 

Saved from

 

Repeal (See

 

2C:98-3)

2A:169-4

As am.

L.1968, c. 113

2C:1-4

     

2C:43-8

2A:169-5

As am.

L.1963, c. 142, § 3;

)

   

L.1975, c. 144, § 3

)

 

2A:169-6

As am.

L.1965, c. 104

)

2A:169-7

)

 

through

)

2A:169-9

)

Not Enacted

2A:169-10

2C:1-6

2A:169-11

L.1968, c. 279

2C:52-3,

   

2C:52-9

   

to

 

   

2C:52-11,

   

2C:52-15,

   

2C:52-27

2A:169A-1

   

through

   

2A:169A-10

L.1952, c. 230, §§ 1 to 10

Repealed

   

L.1971, c. 231,

   

§ 1

2A:170-1

)

2A:170-2

)

Not Enacted

2A:170-3

2C:5-5

2A:170-3.1

   

through

 

2A:170-3.3

L.1971, c. 315, §§ 1 to 3

2C:5-6

2A:170-4

Not Enacted

2A:170-5

2C:14-4

 

2C:34-1

2A:170-6

2C:34-5

2A:170-7

Not Enacted

2A:170-8

As am.

L.1957, c. 109;

)

Repealed

   

L.1964, c. 227

)

L.1970, c. 226,

     

)

§ 47

2A:170-9

As am.

L.1971, c. 87, § 1

2C:12-3

     

2C:28-4

     

2C:33-3

2A:170-10

)

 

2A:170-11

)

Not Enacted

2A:170-12

)

Repealed

2A:170-13

)

L.1971, c. 98

2A:170-14

Not Enacted

2A:170-15

Repealed

 

L.1971, c. 98

2A:170-16

Not Enacted

2A:170-17

2C:39-10

 

2C:58-7

2A:170-18

As am.

L.1967, c. 88, § 2

 

2C:37-3

2A:170-19

2C:21-17

2A:170-20

As am.

L.1954, c. 181, § 1;

)

 
   

L.1975, c. 30

)

Saved from

2A:170-20.1

 

)

Repeal (See

through

 

)

2C:98-3)

2A:170-20.4

L.1954, c. 181, §§ 2 to 5

)

 

2A:170-20.5

L.1954, c. 181, § 6

Omitted

2A:170-20.6

L.1954, c. 181, § 7

)

 

2A:170-20.7

L.1954, c. 181, § 8

)

Omitted

2A:170-20.8

L.1955, c. 105

Not Enacted

2A:170-20.9

L.1956, c. 230, § 1

)

Saved from

2A:170-20.10

L.1956, c. 230, § 2

)

Repeal (See

   

)

2C:98-3)

2A:170-20.11

L.1975, c. 183, § 1

)

Saved from

2A:170-20.12

L.1975, c. 183, § 2

)

Repeal (See

   

)

2C:98-3)

2A:170-21

Not Enacted

2A:170-22

 

through

 

2A:170-24

Repealed

 

L.1977, c. 74, § 14

2A:170-25

Not Enacted

2A:170-25.1

L.1952, c. 136

Saved from

   

Repeal (See

   

2C:98-3)

2A:170-25.2

L.1953, c. 67;

)

 
 

As am.

L.1954, c. 157;

)

   

L.1971, c. 325, § 1

)

2C:40-1

2A:170-25.3

L.1954, c. 147

)

Not Enacted

2A:170-25.4

L.1955, c. 213

)

 

2A:170-25.5

L.1955, c. 250

2C:40-2

2A:170-25.6

L.1957, c. 34, § 1

Repealed

   

L.1971, c. 450,

2A:170-25.7

L.1959, c. 194

2C:39-10

   

2C:58-8

2A:170-25.8

L.1964, c. 178

Not Enacted

2A:170-25.9

L.1965, c. 41, § 1;

)

 

As am.

L.1966, c. 295, § 1;

)

 
   

L.1971, c. 260, § 1

)

2A:170-25.10

L.1965, c. 41, § 2;

)

 
 

As am.

L.1971, c. 260, § 2

)

Saved from

2A:170-25.11

L.1965, c. 41, § 3;

)

Repeal (see

 

As am.

L.1971, c. 260, § 3

)

2C:98-3)

2A:170-25.12

L.1965, c. 41, § 4;

)

 
 

As am.

L.1971, c. 260, § 4;

)

   

L.1971, c. 364

)

 

2A:170-25.13

L.1965, c. 41, § 5

)

2A:170-25.14

L.1966, c. 150, § 1

)

 

2A:170-25.15

L.1966, c. 150, § 2

)

Not Enacted

2A:170-25.16

L.1970, c. 133

2C:40-1

2A:170-25.17

L.1972, c. 143;

)

Saved from

 

As am.

L.1973, c. 113

)

Repeal (See

     

)

2C:98-3)

2A:170-25.18

   

through

 

2A:170-25.20

L.1973, c. 258, §§ 1 to 3

Not Enacted

2A:170-25.21

 

through

   

2A:170-25.23

L.1977, c. 244, §§ 1 to 3

Omitted

2A:170-26

2C:12-1

 

2C:33-2

 

2C:33-4

2A:170-27

2C:12-1

 

2C:33-2

2A:170-28

2C:12-3

 

2C:33-2

 

2C:33-8

2A:170-29

As am.

L.1965, c. 172

2C:12-3

     

2C:33-2

     

2C:33-4

2A:170-30

2C:33-2

2A:170-30.1

L.1972, c. 159, § 2

Not Enacted

2A:170-31

2C:18-3

2A:170-31.1

L.1956, c. 185

Not Enacted

2A:170-32

2C:17-3

2A:170-33

As am.

L.1954, c. 16, § 1

)

Not Enacted

2A:170-34

)

2A:170-35

 

through

 

2A:170-37

2C:17-3

2A:170-38

As am.

L.1972, c. 142

2C:20-10

2A:170-39

2C:17-3

2A:170-40

)

2A:170-41

)

 

2A:170-41.1

L.1972, c. 160, § 2

)

Not Enacted

2A:170-42

2C:21-7

2A:170-43

)

2A:170-44

)

Not Enacted

2A:170-45

Repealed

 

L.1964, c. 294,

2A:170-46

 

through

 

2A:170-48

Not Enacted

2A:170-49

2C:21-18

2A:170-50

Repealed

 

L.1971, c. 98

2A:170-50.1

 

)

through

 

)

 

2A:170-50.3

L.1956, c. 195, §§ 1 to 3;

)

 

As am.

L.1957, c. 125, §§ 1 to 3

)

2C:21-8

2A:170-50.4

 

through

   

2A:170-50.6

L.1965, c. 184, §§ 3 to 5

2C:21-5

2A:170-51

Saved from

 

Repeal (See

 

2C:98-3)

2A:170-52

Repealed

 

L.1971, c. 98

2A:170-53

Not Enacted

2A:170-54

Repealed

 

L.1971, c. 98

2A:170-54.1

L.1957, c. 203;

)

 
 

As am.

L.1962, c. 36

)

2C:33-15

2A:170-54.2

L.1968, c. 324

2C:12-2

2A:170-55

 

through

 

2A:170-57

Not Enacted

2A:170-58

)

 

2A:170-59

As am.

L.1965, c. 68;

)

   

L.1972, c. 140

)

2C:18-3

2A:170-60

As am.

L.1966, c. 231

 

2C:33-14

2A:170-61

As am.

L.1966, c. 25

)

 

2A:170-62

)

Not Enacted

2A:170-63

)

 

2A:170-64

)

2C:20-8

2A:170-64.1

L.1953, c. 68

)

 

2A:170-64.2

L.1961, c. 139

)

Not Enacted

2A:170-65

As am.

L.1972, c. 85

2C:33-13

2A:170-66

)

2A:170-67

)

 

2A:170-67.1

L.1954, c. 16

)

2A:170-68

)

 

2A:170-69

)

2A:170-69.1

L.1954, c. 137;

)

 
 

As am.

L.1977, c. 111, § 1

)

2A:170-69.1a

L.1958, c. 170, § 1;

)

 
 

As am.

L.1977, c. 112, § 1

)

2A:170-69.1b

L.1958, c. 170, § 2

)

 

2A:170-69.2

L.1955, c. 245, § 2

)

2A:170-69.3

L.1955, c. 245, § 3

)

Not Enacted

2A:170-69.4

L.1964, c. 53, § 1;

)

 

As am.

L.1974, c. 116, § 1;

)

 
   

L.1976, c. 122, § 1

)

2C:17-4

2A:170-69.4a

L.1974, c. 116, § 3

Repealed

   

L.1976, c. 122,

   

§ 2

2A:170-69.5

L.1964, c. 53, § 2;

)

 

As am.

L.1974, c. 116, § 2

)

2C:17-5

2A:170-69.6

L.1964, c. 53, § 3;

)

2C:17-4

 

As am.

L.1974, c. 116, § 4

)

2C:17-5

2A:170-69.7

L.1968, c. 288, § 1

)

2A:170-69.8

L.1968, c. 288, § 2

)

 

2A:170-70

)

2A:170-71

)

Not Enacted

2A:170-72

2C:21-7

2A:170-73

 

through

 

2A:170-76

Not Enacted

2A:170-77

Saved from

 

Repeal (See

 

2C:98-3)

2A:170-77.1

 

2A:170-77.1

Repealed

 

L.1955, c. 277,

 

§ 5

2A:170-77.2

L.1955, c. 48

)

 

2A:170-77.2a

L.1962, c. 174, § 1

)

2A:170-77.2b

L.1962, c. 174, § 2

)

 

2A:170-77.3

L.1955, c. 277, § 1;

)

 

As am.

L.1963, c. 81, § 1;

)

 
   

L.1975, c. 98, § 2

)

2A:170-77.4

L.1955, c. 277, § 2;

)

 
 

As am.

L.1975, c. 98, § 3

)

2A:170-77.5

L.1955, c. 277, § 3;

)

 
 

As am.

L.1963, c. 81, § 2;

)

   

L.1975, c. 98, § 4

)

 

2A:170-77.6

L.1955, c. 277, § 4

)

2A:170-77.7

L.1955, c. 277, § 5

)

 

2A:170-77.8

L.1962, c. 113, § 1;

)

 

As am.

L.1964, c. 225, § 1;

)

 
   

L.1966, c. 314, § 5;

)

   

L.1970, c. 226, § 44

)

 

2A:170-77.9

L.1962, c. 113, § 2;

)

 

As am.

L.1966, c. 314, § 6;

)

Saved from

   

L.1970, c. 226, § 45

)

Repeal (See

2A:170-77.10

L.1962, c. 113, § 3;

)

2C:98-3)

 

As am.

L.1964, c. 225, § 2;

)

   

L.1971, c. 38

)

 

2A:170-77.11

L.1962, c. 113, § 4;

)

 

As am.

L.1964, c. 225, § 3

)

 

2A:170-77.12

 

)

through

 

)

 

2A:170-77.14

L.1964, c. 230, §§ 1 to 3

)

2A:170-77.15

L.1946, c. 314, § 7

)

 

2A:170-77.16

 

)

through

 

)

 

2A:170-77.18

L.1977, c. 215, §§ 1 to 3

)

2A:170-78

)

 

through

)

2A:170-80

)

 

2A:170-81

As am.

L.1972, c. 113

)

2A:170-82

)

Saved from

through

)

Repeal (See

2A:170-85

)

2C:98-3)

2A:170-86

 

through

 

2A:170-90

Not Enacted

2A:170-90.1

L.1966, c. 114

)

 

2A:170-90.2

L.1966, c. 121;

)

 

As am.

L.1973, c. 331

)

Saved from

2A:170-90.3

 

)

Repeal (See

through

 

)

2C:98-3)

2A:170-90.5

L.1975, c. 182, §§ 1 to 3

)

2A:170-91

)

 

2A:170-92

)

2A:170-92.1

L.1967, c. 213

Repealed

   

L.1970, c. 210,

   

§ 5

2A:170-93

2C:17-3

2A:170-94

 

through

 

2A:170-96

Not Enacted

2A:170-97

 

)

through

 

)

 

2A:170-99

L.1962, c. 178, §§ 1 to 3

)

 

As am.

L.1978, c. 116, §§ 1 to 3

)

2C:20-11

2A:170-100

L.1962, c. 178, § 4

2C:20-11

2A:170-101

L.1962, c. 178, § 5

Not Enacted

2A:170-102

L.1968, c. 256, § 1;

)

 

As am.

L.1970, c. 75

)

 

2A:170-103

L.1968, c. 256, § 2

)

2C:21-19

2A:171-1

Not Enacted

2A:171-1.1

L.1955, c. 254, § 1

)

Saved from

2A:171-1.2

L.1955, c. 254, § 2

)

Repeal (See

   

)

2C:98-3)

2A:171-2

As am.

L.1951, c. 131

Not Enacted

2A:171-3

Repealed

 

L.1970, c. 219,

 

§ 2

2A:171-4

)

 

2A:171-5

)

2A:171-5.1

 

)

 

through

 

)

2A:171-5.7

L.1958, c. 138, §§ 1 to 7

)

Not Enacted

2A:171-5.8

 

through

   

2A:171-5.18

L.1959, c. 119, §§ 1 to 11

Saved from

   

Repeal (See

   

2C:98-3)

2A:171-6

 

through

 

2A:171-12

Not Enacted

9:3-39

L.1977, c. 367, § 3

2C:24-6

9:3-54

L.1977, c. 367, § 18

2C:24-6

9:6-1

2C:24-4

9:6-3

As am.

L.1944, c. 196, § 1

2C:24-4

9:6-8.21

L.1974, c. 119, § 1

2C:24-4

13:1E-38

L.1976, c. 99, § 1

2C:17-2

17:16G-1

L.1979, c. 16, § 1

2C:21-19

19:4-1

As am.

L.1948, c. 438, § 3;

)

 
   

L.1955, c. 156;

)

   

L.1957, c. 205;

)

 
   

L.1959, c. 127, § 1;

)

   

L.1964, c. 7, § 1;

)

 
   

L.1971, c. 280

)

2C:51-3

24:21-28

L.1970, c. 226, § 28

)

 
 

(Repealed L.1979, c. 178, § 147)

)

2C:52-5

24:21-35

L.1970, c. 226, § 35;

)

 
 

As am.

L.1975, c. 42

)

2C:64-1

30:4-82

As am.

L.1953, c. 29, § 40;

)

 
   

L.1956, c. 43;

)

   

L.1965, c. 59, § 67

)

2C:4-6

     

)

2C:4-7

30:4-147

As am.

L.1957, c. 93, § 2;

)

 
   

L.1963, c. 65, § 2;

)

   

L.1970, c. 300, § 4

)

2C:43-5

30:4-148

As am.

L.1951, c. 335, § 1;

)

   

L.1970, c. 300, § 5

)

2C:43-5

30:4-154

As am.

L.1946, c. 312, § 2;

)

   

L.1970, c. 300, § 7

)

2C:43-5

30:4-155

As am.

L.1946, c. 312, § 3;

)

   

L.1951, c. 335, § 3;

)

 
   

L.1970, c. 300, § 8

)

2C:43-5

52:34-19

L.1954, c. 48, § 14

2C:27-7

54:40A-30

L.1948, c. 65, § 607

)

54:40A-32

L.1948, c. 65, § 609;

)

 
 

As am.

L.1951, c. 281, § 6;

)

   

L.1952, c. 246, § 9;

)

 
   

L.1954, c. 225, § 4;

)

   

L.1957, c. 214, § 2;

)

 
   

L.1966, c. 176;

)

   

L.1966, c. 312;

)

 
   

L.1968, c. 351, § 8

)

2C:64-1

58:10A-3

L.1977, c. 74, § 3

2C:17-2

Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 1. General Provisions

Chapter 1. Preliminary


MODEL PENAL CODE


<Table of Jurisdictions Wherein Act Has Been Adopted>


<For text of Uniform Act, and variation notes and annotation materials for adopting jurisdictions, see Uniform Laws Annotated, Master Edition, Volume 10A>


Jurisdiction

 

Laws

Effective Date

Statutory Citation

New Jersey

1978, c. 95

9-1-1979

N.J.S.A. 2C:1-1 to 2C:98-4.

Pennsylvania

1972, No. 334

6-6-1973

18 Pa.C.S.A. § 101 et seq.

Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-1. Short title; rules of construction


a. This Title shall be known and may be cited as the “New Jersey Code of Criminal Justice.”


b. Except as provided in subsections c. and d. of this section, the code does not apply to offenses committed prior to its effective date and prosecutions and dispositions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this code were not in force. For the purposes of this section, an offense was committed after the effective date of the code if any of the elements of the offenses occurred subsequent thereto.


c. In any case pending on or initiated after the effective date of the code involving an offense committed prior to such date:


(1) The procedural provisions of the code shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay;


(2) The court, with the consent of the defendant, may impose sentence under the provisions of the code applicable to the offense and the offender.


(3) The court shall, if the offense committed is no longer an offense under the provisions of the code, dismiss such prosecution.


d. (1) The provisions of the code governing the treatment and the release or discharge of prisoners, probationers and parolees shall apply to persons under sentence for offenses committed prior to the effective date of the code, except that the minimum or maximum period of their detention or supervision shall in no case be increased.


(2) Any person who is under sentence of imprisonment on the effective date of the code for an offense committed prior to the effective date which has been eliminated by the code or who has been sentenced to a maximum term of imprisonment for an offense committed prior to the effective date which exceeds the maximum established by the code for such an offense and who, on said effective date, has not had his sentence suspended or been paroled or discharged, may move to have his sentence reviewed by the sentencing court and the court may impose a new sentence, for good cause shown as though the person had been convicted under the code, except that no period of detention or supervision shall be increased as a result of such resentencing.


e. The provisions of the code not inconsistent with those of prior laws shall be construed as a continuation of such laws.


f. The classification and arrangement of the several sections of the code have been made for the purpose of convenience, reference and orderly arrangement, and therefore no implication or presumption of a legislative construction is to be drawn therefrom.


g. In the construction of the code, or any part thereof, no outline or analysis of the contents of said title or of any subtitle, chapter, article or section, no cross-reference or cross-reference note and no headnote or source note to any section shall be deemed to be a part of the code.


h. If said title or any subtitle, chapter, article or section of the code, or any provision thereof, shall be declared to be unconstitutional, invalid or inoperative in whole or in part, by a court of competent jurisdiction, such title, subtitle, chapter, article, section or provision shall, to the extent that it is not unconstitutional, invalid or inoperative, be enforced and effectuated, and no such determination shall be deemed to invalidate or make ineffectual the remaining provisions of the title, or of any subtitle, chapter, article or section of the code.



CREDIT(S)


L.1978, c. 95, § 2C:1-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 1, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-2. Purposes; principles of construction


a. The general purposes of the provisions governing the definition of offenses are:


(1) To forbid, prevent, and condemn conduct that unjustifiably and inexcusably inflicts or threatens serious harm to individual or public interests;


(2) To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, and their confinement when required in the interests of public protection;


(3) To subject to public control persons whose conduct indicates that they are disposed to commit offenses;


(4) To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;


(5) To differentiate on reasonable grounds between serious and minor offenses; and


(6) To define adequately the act and mental state which constitute each offense, and limit the condemnation of conduct as criminal when it is without fault.


b. The general purposes of the provisions governing the sentencing of offenders are:


(1) To prevent and condemn the commission of offenses;


(2) To promote the correction and rehabilitation of offenders;


(3) To insure the public safety by preventing the commission of offenses through the deterrent influence of sentences imposed and the confinement of offenders when required in the interest of public protection;


(4) To safeguard offenders against excessive, disproportionate or arbitrary punishment;


(5) To give fair warning of the nature of the sentences that may be imposed on conviction of an offense;


(6) To differentiate among offenders with a view to a just individualization in their treatment;


(7) To advance the use of generally accepted scientific methods and knowledge in sentencing offenders; and


(8) To promote restitution to victims.


c. The provisions of the code shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this section and the special purposes of the particular provision involved. The discretionary powers conferred by the code shall be exercised in accordance with the criteria stated in the code and, insofar as such criteria are not decisive, to further the general purposes stated in this section.


d. Nothing contained in this code shall limit the right of a defendant and, subject only to the Federal and State constitutions, the right of the State to appeal or seek leave to appeal pursuant to law and Rules of Court.



CREDIT(S)


L.1978, c. 95, § 2C:1-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 2, eff. Sept. 1, 1979; L.1991, c. 329, § 1, eff. Dec. 23, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-3

Effective: September 25, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-3. Territorial applicability


a. Except as otherwise provided in this section, a person may be convicted under the law of this State of an offense committed by his own conduct or the conduct of another for which he is legally accountable if:


(1) Either the conduct which is an element of the offense or the result which is such an element occurs within this State;


(2) Conduct occurring outside the State is sufficient under the law of this State to constitute an attempt to commit a crime within the State;


(3) Conduct occurring outside the State is sufficient under the law of this State to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of such conspiracy occurs within the State;


(4) Conduct occurring within the State establishes complicity in the commission of, or an attempt, or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of this State;


(5) The offense consists of the omission to perform a legal duty imposed by the law of this State with respect to domicile, residence or a relationship to a person, thing or transaction in the State; or


(6) The offense is based on a statute of this State which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the actor knows or should know that his conduct is likely to affect that interest.


b. Subsection a.(1) does not apply when either causing a specified result or a purpose to cause or danger of causing such a result is an element of an offense and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the result.


c. Except as provided in subsection g., subsection a. (1) does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside the State which would not constitute an offense if the result had occurred there, unless the actor purposely or knowingly caused the result within the State.


d. When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result,” within the meaning of subsection a.(1) and if the body of a homicide victim is found within the State, it may be inferred that such result occurred within the State.


e. This State includes the land and water, including the waters set forth in N.J.S.40A:13-2 and the air space above such land and water with respect to which the State has legislative jurisdiction. It also includes any territory made subject to the criminal jurisdiction of this State by compacts between it and another state or between it and the Federal Government.


f. Notwithstanding that territorial jurisdiction may be found under this section, the court may dismiss, hold in abeyance for up to six months, or, with the permission of the defendant, place on the inactive list a criminal prosecution under the law of this State where it appears that such action is in the interests of justice because the defendant is being prosecuted for an offense based on the same conduct in another jurisdiction and this State's interest will be adequately served by a prosecution in the other jurisdiction.


g. When the result which is an element of an offense consists of inflicting a harm upon a resident of this State or depriving a resident of this State of a benefit, the result occurs within this State, even if the conduct occurs wholly outside this State and any property that was affected by the offense was located outside this State.



CREDIT(S)


L.1978, c. 95, § 2C:1-3, eff. Sept. 1, 1979. Amended by L.2003, c. 184, § 1, eff. Sept. 25, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-4. Classes of offenses


a. An offense defined by this code or by any other statute of this State, for which a sentence of imprisonment in excess of 6 months is authorized, constitutes a crime within the meaning of the Constitution of this State. Crimes are designated in this code as being of the first, second, third or fourth degree.


b. An offense is a disorderly persons offense if it is so designated in this code or in a statute other than this code. An offense is a petty disorderly persons offense if it is so designated in this code or in a statute other than this code. Disorderly persons offenses and petty disorderly persons offenses are petty offenses and are not crimes within the meaning of the Constitution of this State. There shall be no right to indictment by a grand jury nor any right to trial by jury on such offenses. Conviction of such offenses shall not give rise to any disability or legal disadvantage based on conviction of a crime.


c. An offense defined by any statute of this State other than this code shall be classified as provided in this section or in section 2C:43-1 and, except as provided in section 2C:1-5b and chapter 43, the sentence that may be imposed upon conviction thereof shall hereafter be governed by this code. Insofar as any provision outside the code declares an offense to be a misdemeanor when such offense specifically provides a maximum penalty of 6 months' imprisonment or less, whether or not in combination with a fine, such provision shall constitute a disorderly persons offense.


d. Subject to the provisions of section 2C:43-1, reference in any statute, rule, or regulation outside the code to the term “high misdemeanor” shall mean crimes of the first, second, or third degree and reference to the term “misdemeanor” shall mean all crimes.



CREDIT(S)


L.1978, c. 95, § 2C:1-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 3, eff. Sept. 1, 1979; L.1981, c. 290, § 1, eff. Sept. 24, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-5. Abolition of common law crimes; all offenses defined by statute; application of general provisions of the code; limitation of local government laws


a. Common law crimes are abolished and no conduct constitutes an offense unless the offense is defined by this code or another statute of this State.


b. The provisions of subtitle 1 of the code [FN1] are applicable to offenses defined by other statutes. The provisions of subtitle 3 [FN2] are applicable to offenses defined by other statutes but the maximum penalties applicable to such offenses, if specifically provided in the statute defining such offenses, shall be as provided therein, rather than as provided in this code, except that if the non-code offense is a misdemeanor with a maximum penalty of more than 18 months imprisonment, the provisions of section 2C:43-1b shall apply.


c. This section does not affect the power to punish for contempt, either summarily or after indictment, or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.


d. Notwithstanding any other provision of law, the local governmental units of this State may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this code or with any policy of this State expressed by this code, whether that policy be expressed by inclusion of a provision in the code or by exclusion of that subject from the code.



CREDIT(S)


L.1978, c. 95, § 2C:1-5, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 4, eff. Sept. 1, 1979.


[FN1] Chapters 1 to 10 of Title 2C.


[FN2] Chapters 43 to 104 of Title 2C.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-6

Effective: August 6, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-6. Time limitations


a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c. 26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.


(2) A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c. 39 (C.13:1E-9), section 20 of P.L.1989, c. 34 (C.13:1E-48.20), section 19 of P.L.1954, c. 212 (C.26:2C-19), section 10 of P.L.1984, c. 173 (C.34:5A-41), or section 10 of P.L.1977, c. 74 (C.58:10A-10) may be commenced at any time.


b. Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:


(1) A prosecution for a crime must be commenced within five years after it is committed;


(2) A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;


(3) A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N. J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;


(4) A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;


(5) (Deleted by amendment, P.L.2007, c. 131).


c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.


d. A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.


e. The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.


f. The limitations in this section shall not apply to any person fleeing from justice.


g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.



CREDIT(S)


L.1978, c. 95, § 2C:1-6, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 5, eff. Sept. 1, 1979; L.1980, c. 105, § 1, eff. Sept. 11, 1980; L.1986, c. 166, § 1, eff. Dec. 3, 1986; L.1988, c. 68, § 1, eff. July 20, 1988; L.1989, c. 228, § 1, eff. Dec. 29, 1989; L.1994, c. 53, § 1, eff. June 24, 1994; L.1996, c. 22, § 1, eff. May 1, 1996; L.1997, c. 325, § 1, eff. Jan. 8, 1998; L.2001, c. 308, § 1, eff. Jan. 3, 2002; L.2002, c. 26, § 7, eff. June 18, 2002; L.2007, c. 131, § 1, eff. Aug. 6, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-7. Blank


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-8. Method of prosecution when conduct constitutes more than one offense


a. Prosecution for multiple offenses; limitation on convictions. When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:


(1) One offense is included in the other, as defined in subsection d. of this section;


(2) One offense consists only of a conspiracy or other form of preparation to commit the other;


(3) Inconsistent findings of fact are required to establish the commission of the offenses; or


(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct. The provisions of this paragraph (4) of subsection a. of this section or any other provision of law notwithstanding, no State tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, shall be construed to preclude a prosecution for any offense defined in this code.


A determination barring multiple convictions shall be made by the court after verdict or finding of guilt.


b. Limitation on separate trials for multiple offenses. Except as provided in subsection c. of this section, a defendant shall not be subject to separate trials for multiple criminal offenses based on the same conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction and venue of a single court.


c. Authority of court to order separate trials. When a defendant is charged with two or more criminal offenses based on the same conduct or arising from the same episode, the court may order any such charges to be tried separately in accordance with the Rules of Court.


d. Conviction of included offense permitted. A defendant may be convicted of an offense included in an offense charged whether or not the included offense is an indictable offense. An offense is so included when:


(1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or


(2) It consists of an attempt or conspiracy to commit the offense charged or to commit an offense otherwise included therein; or


(3) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.


e. Submission of included offense to jury. The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.



CREDIT(S)


L.1978, c. 95, § 2C:1-8, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 6, eff. Sept. 1, 1979; L.1981, c. 290, § 2, eff. Sept. 24, 1981; L.1987, c. 76, § 30, eff. Dec. 9, 1987.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-9. When prosecution barred by former prosecution for the same offense


A prosecution of a defendant for a violation of the same provision of the statutes based upon the same facts as a former prosecution is barred by such former prosecution under the following circumstances:


a. The former prosecution resulted in an acquittal by a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.


b. The former prosecution was terminated, after the complaint had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense. This subsection shall not apply to an order or judgment quashing an indictment prior to trial.


c. The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two cases failure to enter judgment must be for a reason other than a motion of the defendant.


d. The former prosecution was improperly terminated. Except as provided in this subsection, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts. Termination under any of the following circumstances is not improper:


(1) The defendant consents to the termination or waives, by motion to dismiss or otherwise, his right to object to the termination.


(2) The trial court finds that the termination is necessary because of the failure of the jury to agree upon a verdict after a reasonable time for deliberation has been allowed.


(3) The trial court finds that the termination is required by a sufficient legal reason and a manifest or absolute or overriding necessity.



CREDIT(S)


L.1978, c. 95, § 2C:1-9, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-10

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-10. When prosecution barred by former prosecution for different offense


A prosecution of a defendant for a violation of a different provision of the statutes or based on different facts than a former prosecution is barred by such former prosecution under the following circumstances:


a. The former prosecution resulted in an acquittal or in a conviction as defined in section 2C:1-9 and the subsequent prosecution is for:


(1) Any offense of which the defendant could have been convicted on the first prosecution; or


(2) Any offense for which the defendant should have been tried on the first prosecution under section 2C:1-8 unless the court ordered a separate trial of the charge of such offense; or


(3) The same conduct, unless (a) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil, or (b) the second offense was not consummated when the former trial began.


b. The former prosecution was terminated, after the complaint was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.


c. The former prosecution was improperly terminated, as improper termination is defined in section 2C:1-9, and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.


d. Nothing in this section shall bar the disposition of a nonindictable complaint after disposition of an indictable offense except as required by the Federal and State constitutions.



CREDIT(S)


L.1978, c. 95, § 2C:1-10, eff. Sept. 1, 1979. Amended by L.1981, c. 290, § 3, eff. Sept. 24, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-11

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-11. Former prosecution in another jurisdiction: when a bar


When conduct constitutes an offense within the concurrent jurisdiction of this State and of the United States, a prosecution in the District Court of the United States is a bar to a subsequent prosecution in this State under the following circumstances:


a. The first prosecution resulted in an acquittal or in a conviction, or in an improper termination as defined in section 2C:1-9 and the subsequent prosecution is based on the same conduct, unless (1) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil or (2) the offense for which the defendant is subsequently prosecuted is intended to prevent a substantially more serious harm or evil than the offense of which he was formerly convicted or acquitted or (3) the second offense was not consummated when the former trial began; or


b. The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense of which the defendant is subsequently prosecuted.



CREDIT(S)


L.1978, c. 95, § 2C:1-11, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-12

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-12. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant


A prosecution is not a bar within the meaning of sections 2C:1-9, 10 and 11 under any of the following circumstances:


a. The former prosecution was before a court which lacked jurisdiction over the defendant or the offense tried in that court; or


b. The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer; or


c. The former prosecution resulted in a judgment of conviction which was held invalid in a subsequent proceeding on a petition for post-conviction relief or similar process, except that any bar as to reprosecution for a greater inclusive offense created by section 2C:1-9a. shall apply.



CREDIT(S)


L.1978, c. 95, § 2C:1-12, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-13

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-13. Proof beyond a reasonable doubt; affirmative defenses; burden of proving fact when not an element of an offense


a. No person may be convicted of an offense unless each element of such offense is proved beyond a reasonable doubt. In the absence of such proof, the innocence of the defendant is assumed.


b. Subsection a. of this section does not:


(1) Require the disproof of an affirmative defense unless and until there is evidence supporting such defense; or


(2) Apply to any defense which the code or another statute requires the defendant to prove by a preponderance of evidence or such other standard as specified in this code.


c. A defense is affirmative, within the meaning of subsection b.(1) of this section, when:


(1) It arises under a section of the code which so provides; or


(2) It relates to an offense defined by a statute other than the code and such statute so provides; or


d. When the application of the code depends upon the finding of a fact which is not an element of an offense, unless the code otherwise provides:


(1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and


(2) The fact must be proved to the satisfaction of the court or jury, as the case may be.


e. When the code or other statute defining an offense establishes a presumption with respect to any fact which is an element of an offense, it has the meaning accorded it by the law of evidence.


f. In any civil action commenced pursuant to any provision of this code the burden of proof shall be by a preponderance of the evidence.



CREDIT(S)


L.1978, c. 95, § 2C:1-13, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 7, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:1-14

Effective: August 2, 2006


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 1. Preliminary (Refs & Annos)

2C:1-14. General definitions


In this code, unless a different meaning plainly is required:


a. “Statute” includes the Constitution and a local law or ordinance of a political subdivision of the State;


b. “Act” or “action” means a bodily movement whether voluntary or involuntary;


c. “Omission” means a failure to act;


d. “Conduct” means an action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions;


e. “Actor” includes, where relevant, a person guilty of an omission;


f. “Acted” includes, where relevant, “omitted to act”;


g. “Person,” “he,” and “actor” include any natural person and, where relevant, a corporation or an unincorporated association;


h. “Element of an offense” means (1) such conduct or (2) such attendant circumstances or (3) such a result of conduct as


(a) Is included in the description of the forbidden conduct in the definition of the offense;


(b) Establishes the required kind of culpability;


(c) Negatives an excuse or justification for such conduct;


(d) Negatives a defense under the statute of limitations; or


(e) Establishes jurisdiction or venue;


i. “Material element of an offense” means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with (1) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (2) the existence of a justification or excuse for such conduct;


j. “Reasonably believes” or “reasonable belief” designates a belief the holding of which does not make the actor reckless or criminally negligent;


k. “Offense” means a crime, a disorderly persons offense or a petty disorderly persons offense unless a particular section in this code is intended to apply to less than all three;


l. (Deleted by amendment, P.L.1991, c. 91).


m. “Amount involved,” “benefit,” and other terms of value. Where it is necessary in this act to determine value, for purposes of fixing the degree of an offense, that value shall be the fair market value at the time and place of the operative act.


n. “Motor vehicle” shall have the meaning provided in R. S.39:1-1.


o. “Unlawful taking of a motor vehicle” means conduct prohibited under N.J.S.2C:20-10 when the means of conveyance taken, operated or controlled is a motor vehicle.


p. “Research facility” means any building, laboratory, institution, organization, school, or person engaged in research, testing, educational or experimental activities, or any commercial or academic enterprise that uses warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education. A research facility includes, but is not limited to, any enclosure, separately secured yard, pad, pond, vehicle, building structure or premises or separately secured portion thereof.


q. “Communication” means any form of communication made by any means, including, but not limited to, any verbal or written communication, communications conveyed by any electronic communication device, which includes but is not limited to, a wire, radio, electromagnetic, photoelectric or photo-optical system, telephone, including a cordless, cellular or digital telephone, computer, video recorder, fax machine, pager, or any other means of transmitting voice or data and communications made by sign or gesture.


r. “School” means a public or nonpublic elementary or secondary school within this State offering education in grades K through 12, or any combination thereof, at which a child may legally fulfill compulsory school attendance requirements.



CREDIT(S)


L.1978, c. 95, § 2C:1-14, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 8, eff. Sept. 1, 1979; L.1991, c. 91, § 142, eff. April 9, 1991; L.1993, c. 219, § 1, eff. Aug. 2, 1993; L.1995, c. 20, § 1, eff. Jan. 25, 1995; L.2001, c. 220, § 1, eff. Aug. 24, 2001; L.2006, c. 78, § 1, eff. Aug. 2, 2006.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 1, Ch. 2, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-1. Requirement of voluntary act; omission as basis of liability; possession as an act


a. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. A bodily movement that is not a product of the effort or determination of the actor, either conscious or habitual, is not a voluntary act within the meaning of this section.


b. Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:


(1) The omission is expressly made sufficient by the law defining the offense; or


(2) A duty to perform the omitted act is otherwise imposed by law, including but not limited to, laws such as the “Uniform Fire Safety Act,” P.L.1983, c. 383 (C.52:27D-192 et seq.), the “State Uniform Construction Code Act,” P.L.1975, c. 217 (C.52:27D-119 et seq.), or any other law intended to protect the public safety or any rule or regulation promulgated thereunder.


c. Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.



CREDIT(S)


L.1978, c. 95, § 2C:2-1, eff. Sept. 1, 1979. Amended by L.1997, c. 180, § 1, eff. Aug. 1, 1997.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-2. General requirements of culpability


a. Minimum requirements of culpability. Except as provided in subsection c.(3) of this section, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.


b. Kinds of culpability defined.


(1) Purposely. A person acts purposely with respect to the nature of his conduct or a result thereof if it is his conscious object to engage in conduct of that nature or to cause such a result. A person acts purposely with respect to attendant circumstances if he is aware of the existence of such circumstances or he believes or hopes that they exist. “With purpose,” “designed,” “with design” or equivalent terms have the same meaning.


(2) Knowingly. A person acts knowingly with respect to the nature of his conduct or the attendant circumstances if he is aware that his conduct is of that nature, or that such circumstances exist, or he is aware of a high probability of their existence. A person acts knowingly with respect to a result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. “Knowing,” “with knowledge” or equivalent terms have the same meaning.


(3) Recklessly. A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation. “Recklessness,” “with recklessness” or equivalent terms have the same meaning.


(4) Negligently. A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. “Negligently” or “negligence” when used in this code, shall refer to the standard set forth in this section and not to the standards applied in civil cases.


c. Construction of statutes with respect to culpability requirements.


(1) Prescribed culpability requirement applies to all material elements. When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.


(2) Substitutes for kinds of culpability. When the law provides that a particular kind of culpability suffices to establish an element of an offense such element is also established if a person acts with higher kind of culpability.


(3) Construction of statutes not stating culpability requirement. Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, should be construed as defining a crime with the culpability defined in paragraph b.(2) of this section. This provision applies to offenses defined both within and outside of this code.


d. Culpability as to illegality of conduct. Neither knowledge nor recklessness nor negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of an offense is an element of such offense, unless the definition of the offense or the code so provides.


e. Culpability as determinant of grade of offense. When the grade or degree of an offense depends on whether the offense is committed purposely, knowingly, recklessly or criminally negligently, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.



CREDIT(S)


L.1978, c. 95, § 2C:2-2, eff. Sept. 1, 1979. Amended by L.1981, c. 290, § 4, eff. Sept. 24, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-3. Causal relationship between conduct and result; divergence between result designed, contemplated or risked and actual result


a. Conduct is the cause of a result when:


(1) It is an antecedent but for which the result in question would not have occurred; and


(2) The relationship between the conduct and result satisfies any additional causal requirements imposed by the code or by the law defining the offense.


b. When the offense requires that the defendant purposely or knowingly cause a particular result, the actual result must be within the design or contemplation, as the case may be, of the actor, or, if not, the actual result must involve the same kind of injury or harm as that designed or contemplated and not be too remote, accidental in its occurrence, or dependent on another's volitional act to have a just bearing on the actor's liability or on the gravity of his offense.


c. When the offense requires that the defendant recklessly or criminally negligently cause a particular result, the actual result must be within the risk of which the actor is aware or, in the case of criminal negligence, of which he should be aware, or, if not, the actual result must involve the same kind of injury or harm as the probable result and must not be too remote, accidental in its occurrence, or dependent on another's volitional act to have a just bearing on the actor's liability or on the gravity of his offense.


d. A defendant shall not be relieved of responsibility for causing a result if the only difference between what actually occurred and what was designed, contemplated or risked is that a different person or property was injured or affected or that a less serious or less extensive injury or harm occurred.


e. When causing a particular result is a material element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor's conduct.



CREDIT(S)


L.1978, c. 95, § 2C:2-3, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-4. Ignorance or mistake


a. Ignorance or mistake as to a matter of fact or law is a defense if the defendant reasonably arrived at the conclusion underlying the mistake and:


(1) It negatives the culpable mental state required to establish the offense; or


(2) The law provides that the state of mind established by such ignorance or mistake constitutes a defense.


b. Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of the offense of which he may be convicted to those of the offense of which he would be guilty had the situation been as he supposed.


c. A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:


(1) The statute defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged; or


(2) The actor acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (a) a statute, (b) judicial decision, opinion, judgment, or rule, (c) an administrative order or grant of permission, or (d) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense; or


(3) The actor otherwise diligently pursues all means available to ascertain the meaning and application of the offense to his conduct and honestly and in good faith concludes his conduct is not an offense in circumstances in which a law-abiding and prudent person would also so conclude.


The defendant must prove a defense arising under subsection c. of this section by clear and convincing evidence.



CREDIT(S)


L.1978, c. 95, § 2C:2-4, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-5. Defenses generally


Conduct which would otherwise be an offense is excused or alleviated by reason of any defense now provided by law for which neither the code nor other statutory law defining the offense provides exceptions or defenses dealing with the specific situation involved and a legislative purpose to exclude the defense claimed does not otherwise plainly appear.



CREDIT(S)


L.1978, c. 95, § 2C:2-5, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-6. Liability for conduct of another; complicity


a. A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.


b. A person is legally accountable for the conduct of another person when:


(1) Acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct;


(2) He is made accountable for the conduct of such other person by the code or by the law defining the offense;


(3) He is an accomplice of such other person in the commission of an offense; or


(4) He is engaged in a conspiracy with such other person.


c. A person is an accomplice of another person in the commission of an offense if:


(1) With the purpose of promoting or facilitating the commission of the offense; he


(a) Solicits such other person to commit it;


(b) Aids or agrees or attempts to aid such other person in planning or committing it; or


(c) Having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or


(2) His conduct is expressly declared by law to establish his complicity.


d. A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by another person for whose conduct he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.


e. Unless otherwise provided by the code or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:


(1) He is a victim of that offense;


(2) The offense is so defined that his conduct is inevitably incident to its commission; or


(3) He terminates his complicity under circumstances manifesting a complete and voluntary renunciation as defined in section 2C:5-1 d. prior to the commission of the offense. Termination by renunciation is an affirmative defense which the defendant must prove by a preponderance of evidence.


f. An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.



CREDIT(S)


L.1978, c. 95, § 2C:2-6, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-7. Liability of corporations and persons acting, or under a duty to act, in their behalf


a. A corporation may be convicted of the commission of an offense if:


(1) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his employment and in behalf of the corporation unless the offense is one defined by a statute which indicates a legislative purpose not to impose criminal liability on corporations. If the law governing the offense designates the agents for whose conduct the corporation is accountable or the circumstances under which it is accountable, such provisions shall apply;


(2) The offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or


(3) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and in behalf of the corporation.


b. As used in this section:


(1) “Corporation” does not include an entity organized as or by a governmental agency for the execution of a governmental program;


(2) “Agent” means any director, officer, servant, employee or other person authorized to act in behalf of the corporation;


(3) “High managerial agent” means an officer of a corporation or any other agent of a corporation having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation.


c. In any prosecution of a corporation for the commission of an offense included within the terms of subsection a. (1) of this section, other than an offense for which absolute liability has been imposed, it shall be a defense if the defendant proves by a preponderance of evidence that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. This paragraph shall not apply if it is plainly inconsistent with the legislative purpose in defining the particular offense.


d. Nothing in this section imposing liability upon a corporation shall be construed as limiting the liability for an offense of an individual by reason of his being an agent of the corporation.



CREDIT(S)


L.1978, c. 95, § 2C:2-7, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-8. Intoxication


a. Except as provided in subsection d. of this section, intoxication of the actor is not a defense unless it negatives an element of the offense.


b. When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial.


c. Intoxication does not, in itself, constitute mental disease within the meaning of chapter 4. [FN1]


d. Intoxication which (1) is not self-induced or (2) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct did not know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong. Intoxication under this subsection must be proved by clear and convincing evidence.


e. Definitions. In this section unless a different meaning plainly is required:


(1) “Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;


(2) “Self-induced intoxication” means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime;


(3) “Pathological intoxication” means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.



CREDIT(S)


L.1978, c. 95, § 2C:2-8, eff. Sept. 1, 1979. Amended by L.1983, c. 306, § 1, eff. Aug. 26, 1983.


[FN1] N.J.S.A. § 2C:4-1 et seq.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-9. Duress


a. Subject to subsection b. of this section, it is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.


b. The defense provided by this section is unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was criminally negligent in placing himself in such a situation, whenever criminal negligence suffices to establish culpability for the offense charged. In a prosecution for murder, the defense is only available to reduce the degree of the crime to manslaughter.


c. It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman, acting in the presence of her husband, is coerced is abolished.



CREDIT(S)


L.1978, c. 95, § 2C:2-9, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-10

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-10. Consent


a. In general. The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.


b. Consent to bodily harm. When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if:


(1) The bodily harm consented to or threatened by the conduct consented to is not serious; or


(2) The conduct and the harm are reasonably foreseeable hazards of joint participation in a concerted activity of a kind not forbidden by law; or


(3) The consent establishes a justification for the conduct under chapter 3 of the code.


c. Ineffective consent. Unless otherwise provided by the code or by the law defining the offense, assent does not constitute consent if:


(1) It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or


(2) It is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature of harmfulness of the conduct charged to constitute an offense; or


(3) It is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense.



CREDIT(S)


L.1978, c. 95, § 2C:2-10, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-11

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-11. De minimis infractions


The assignment judge may dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendant's conduct:


a. Was within a customary license or tolerance, neither expressly negated by the person whose interest was infringed nor inconsistent with the purpose of the law defining the offense;


b. Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or


c. Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in forbidding the offense. The assignment judge shall not dismiss a prosecution under this section without giving the prosecutor notice and an opportunity to be heard. The prosecutor shall have a right to appeal any such dismissal.



CREDIT(S)


L.1978, c. 95, § 2C:2-11, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:2-12

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 2. General Principles of Liability (Refs & Annos)

2C:2-12. Entrapment


a. A public law enforcement official or a person engaged in cooperation with such an official or one acting as an agent of a public law enforcement official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces or encourages and, as a direct result, causes another person to engage in conduct constituting such offense by either:


(1) Making knowingly false representations designed to induce the belief that such conduct is not prohibited; or


(2) Employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.


b. Except as provided in subsection c. of this section, a person prosecuted for an offense shall be acquitted if he proves by a preponderance of evidence that his conduct occurred in response to an entrapment. The issue of entrapment shall be tried by the trier of fact.


c. The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.



CREDIT(S)


L.1978, c. 95, § 2C:2-12, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 9, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 1, Ch. 3, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-1. Justification an affirmative defense; civil remedies unaffected


a. In any prosecution based on conduct which is justifiable under this chapter, justification is an affirmative defense.


b. The fact that conduct is justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.



CREDIT(S)


L.1978, c. 95, § 2C:3-1, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-2. Necessity and other justifications in general


a. Necessity. Conduct which would otherwise be an offense is justifiable by reason of necessity to the extent permitted by law and as to which neither the code nor other statutory law defining the offense provides exceptions or defenses dealing with the specific situation involved and a legislative purpose to exclude the justification claimed does not otherwise plainly appear.


b. Other justifications in general. Conduct which would otherwise be an offense is justifiable by reason of any defense of justification provided by law for which neither the code nor other statutory law defining the offense provides exceptions or defenses dealing with the specific situation involved and a legislative purpose to exclude the justification claimed does not otherwise plainly appear.



CREDIT(S)


L.1978, c. 95, § 2C:3-2, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-3. Execution of public duty


a. Except as provided in subsection b. of this section, conduct is justifiable when it is required or authorized by:


(1) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties;


(2) The law governing the execution of legal process;


(3) The judgment or order of a competent court or tribunal;


(4) The law governing the armed services or the lawful conduct of war; or


(5) Any other provision of law imposing a public duty.


b. The other sections of this chapter apply to:


(1) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and


(2) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law.


c. The justification afforded by subsection a. of this section applies:


(1) When the actor reasonably believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and


(2) When the actor reasonably believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.



CREDIT(S)


L.1978, c. 95, § 2C:3-3, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-4. Use of force in self-protection.


a. Use of force justifiable for protection of the person. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.


b. Limitations on justifying necessity for use of force.


(1) The use of force is not justifiable under this section:


(a) To resist an arrest which the actor knows is being made by a peace officer in the performance of his duties, although the arrest is unlawful, unless the peace officer employs unlawful force to effect such arrest; or


(b) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:


(i) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;


(ii) The actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 2C:3-6; or


(iii) The actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm.


(2) The use of deadly force is not justifiable under this section unless the actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm; nor is it justifiable if:


(a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or


(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:


(i) The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor ; and


(ii) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.


(3) Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.


c. (1) Notwithstanding the provisions of N.J.S.2C:3-5, N.J.S.2C:3-9, or this section, the use of force or deadly force upon or toward an intruder who is unlawfully in a dwelling is justifiable when the actor reasonably believes that the force is immediately necessary for the purpose of protecting himself or other persons in the dwelling against the use of unlawful force by the intruder on the present occasion.


(2) A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and:


(a) The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; or


(b) The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so.


(3) An actor employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, withdrawing or doing any other act which he has no legal duty to do or abstaining from any lawful action.



CREDIT(S)


L.1978, c. 95, § 2C:3-4, eff. Sept. 1, 1979. Amended by L.1987, c. 120, § 1, eff. May 15, 1987; L.1999, c. 73, § 1, eff. April 30, 1999.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-5. Use of force for the protection of other persons


a. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable to protect a third person when:


(1) The actor would be justified under section 2C:3-4 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect; and


(2) Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would be justified in using such protective force; and


(3) The actor reasonably believes that his intervention is necessary for the protection of such other person.


b. Notwithstanding subsection a. of this section:


(1) When the actor would be obliged under section 2C:3-4 b. (2)(b) to retreat or take other action he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person, and


(2) When the person whom the actor seeks to protect would be obliged under section 2C:3-4 b. (2)(b) to retreat or take similar action if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and


(3) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling to any greater extent than in his own.



CREDIT(S)


L.1978, c. 95, § 2C:3-5, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-6. Use of force in defense of premises or personal property


a. Use of force in defense of premises. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable when the actor is in possession or control of premises or is licensed or privileged to be thereon and he reasonably believes such force necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by such other person in or upon such premises.


b. Limitations on justifiable use of force in defense of premises.


(1) Request to desist. The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor reasonably believes that:


(a) Such request would be useless;


(b) It would be dangerous to himself or another person to make the request; or


(c) Substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.


(2) Exclusion of trespasser. The use of force is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily harm.


(3) Use of deadly force. The use of deadly force is not justifiable under subsection a. of this section unless the actor reasonably believes that:


(a) The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or


(b) The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other criminal theft or property destruction; except that


(c) Deadly force does not become justifiable under subparagraphs (a) and (b) of this subsection unless the actor reasonably believes that:


(i) The person against whom it is employed has employed or threatened deadly force against or in the presence of the actor; or


(ii) The use of force other than deadly force to terminate or prevent the commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of bodily harm. An actor within a dwelling shall be presumed to have a reasonable belief in the existence of the danger. The State must rebut this presumption by proof beyond a reasonable doubt.


c. Use of force in defense of personal property. Subject to the provisions of subsection d. of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable when the actor reasonably believes it necessary to prevent what he reasonably believes to be an attempt by such other person to commit theft, criminal mischief or other criminal interference with personal property in his possession or in the possession of another for whose protection he acts.


d. Limitations on justifiable use of force in defense of personal property.


(1) Request to desist and exclusion of trespasser. The limitations of subsection b. (1) and (2) of this section apply to subsection c. of this section.


(2) Use of deadly force. The use of deadly force in defense of personal property is not justified unless justified under another provision of this chapter.



CREDIT(S)


L.1978, c. 95, § 2C:3-6, eff. Sept. 1, 1979. Amended by L.1987, c. 120, § 2, eff. May 15, 1987.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-7. Use of force in law enforcement


a. Use of force justifiable to effect an arrest. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor reasonably believes that such force is immediately necessary to effect a lawful arrest.


b. Limitations on the use of force.


(1) The use of force is not justifiable under this section unless:


(a) The actor makes known the purpose of the arrest or reasonably believes that it is otherwise known by or cannot reasonably be made known to the person to be arrested; and


(b) When the arrest is made under a warrant, the warrant is valid or reasonably believed by the actor to be valid.


(2) The use of deadly force is not justifiable under this section unless:


(a) The actor effecting the arrest is authorized to act as a peace officer or has been summoned by and is assisting a person whom he reasonably believes to be authorized to act as a peace officer; and


(b) The actor reasonably believes that the force employed creates no substantial risk of injury to innocent persons; and


(c) The actor reasonably believes that the crime for which the arrest is made was homicide, kidnapping, an offense under 2C:14-2 or 2C:14-3, arson, robbery, burglary of a dwelling, or an attempt to commit one of these crimes; and


(d) The actor reasonably believes:


(i) There is an imminent threat of deadly force to himself or a third party; or


(ii) The use of deadly force is necessary to thwart the commission of a crime as set forth in subparagraph (c) of this paragraph; or


(iii) The use of deadly force is necessary to prevent an escape.


c. Use of force to prevent escape from custody. The use of force to prevent the escape of an arrested person from custody is justifiable when the force could, under subsections a. and b. of this section, have been employed to effect the arrest under which the person is in custody. A correction officer or other person authorized to act as a peace officer is, however, justified in using any force including deadly force, which he reasonably believes to be immediately necessary to prevent the escape of a person committed to a jail, prison, or other institution for the detention of persons charged with or convicted of an offense so long as the actor believes that the force employed creates no substantial risk of injury to innocent persons.


d. Use of force by private person assisting an unlawful arrest.


(1) A private person who is summoned by a peace officer to assist in effecting an unlawful arrest is justified in using any force which he would be justified in using if the arrest were lawful, provided that he does not believe the arrest is unlawful.


(2) A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists a peace officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, provided that (a) he reasonably believes the arrest is lawful, and (b) the arrest would be lawful if the facts were as he believes them to be and such belief is reasonable.


e. Use of force to prevent suicide or the commission of a crime. The use of force upon or toward the person of another is justifiable when the actor reasonably believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious bodily harm upon himself, committing or consummating the commission of a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace, except that:


(1) Any limitations imposed by the other provisions of this chapter on the justifiable use of force in self-protection, for the protection of others, the protection of property, the effectuation of an arrest or the prevention of an escape from custody shall apply notwithstanding the criminality of the conduct against which such force is used; and


(2) The use of deadly force is not in any event justifiable under this subsection unless the actor reasonably believes that it is likely that the person whom he seeks to prevent from committing a crime will endanger human life or inflict serious bodily harm upon another unless the commission or the consummation of the crime is prevented and that the use of such force presents no substantial risk of injury to innocent persons.



CREDIT(S)


L.1978, c. 95, § 2C:3-7, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 10, eff. Sept. 1, 1979; L.1981, c. 290, § 5, eff. Sept. 24, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-8. Use of force by persons with special responsibility for care, discipline or safety of others


The use of force upon or toward the person of another is justifiable as permitted by law or as would be a defense in a civil action based thereon where the actor has been vested or entrusted with special responsibility for the care, supervision, discipline or safety of another or of others and the force is used for the purpose of and, subject to section 2C:3-9(b), to the extent necessary to further that responsibility, unless:


a. The code or the law defining the offense deals with the specific situation involved; or


b. A legislative purpose to exclude the justification claimed otherwise plainly appears; or


c. Deadly force is used, in which case such force must be otherwise justifiable under the provisions of this chapter.



CREDIT(S)


L.1978, c. 95, § 2C:3-8, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-9. Mistake of law as to unlawfulness of force or legality of arrest; reckless or negligent use of excessive but otherwise justifiable force; reckless or negligent injury or risk of injury to innocent persons


a. The justification afforded by sections 2C:3-4 to 2C:3-7 is unavailable when:


(1) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and


(2) His error is due to ignorance or mistake as to the provisions of the code, any other provisions of the criminal law or the law governing the legality of an arrest or search.


b. (Deleted by amendment, P.L.1981, c. 290.)


c. When the actor is justified under sections 2C:3-3 to 2C:3-8 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.



CREDIT(S)


L.1978, c. 95, § 2C:3-9, eff. Sept. 1, 1979. Amended by L.1981, c. 290, § 6, eff. Sept. 24, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-10

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-10. Justification in property crimes


Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on, or interference with, property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:


a. The code or the law defining the offense deals with the specific situation involved; or


b. A legislative purpose to exclude the justification claimed otherwise plainly appears.



CREDIT(S)


L.1978, c. 95, § 2C:3-10, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:3-11

Effective: January 4, 2006


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 3. General Principles of Justification (Refs & Annos)

2C:3-11. Definitions


In this chapter, unless a different meaning plainly is required: a. “ Unlawful force” means force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress, youth, or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.


b. “Deadly force” means force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle, building or structure in which another person is believed to be constitutes deadly force unless the firearm is loaded with less-lethal ammunition and fired by a law enforcement officer in the performance of the officer's official duties. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force.


c. “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging except that, as used in 2C:3-7, the building or structure need not be the actor's own home or place of lodging.


d. “Serious bodily harm” means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault.


e. “Bodily harm” means physical pain, or temporary disfigurement, or impairment of physical condition.


f. “Less-lethal ammunition” means ammunition approved by the Attorney General which is designed to stun, temporarily incapacitate or cause temporary discomfort to a person without penetrating the person's body. The term shall also include ammunition approved by the Attorney General which is designed to gain access to a building or structure and is used for that purpose.



CREDIT(S)


L.1978, c. 95, § 2C:3-11, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 11, eff. Sept. 1, 1979; L.1981, c. 290, § 7, eff. Sept. 24, 1981; L.1987, c. 120, § 3, eff. May 15, 1987; L.2005, c. 250, § 1, eff. Jan. 4, 2006.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 1, Ch. 4, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 1. General Provisions

Chapter 4. Responsibility


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-1. Insanity defense


A person is not criminally responsible for conduct if at the time of such conduct he was laboring under such a defect of reason, from disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong. Insanity is an affirmative defense which must be proved by a preponderance of the evidence.



CREDIT(S)


L.1978, c. 95, § 2C:4-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 11A, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-2. Evidence of mental disease or defect admissible when relevant to element of the offense


Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect which would negate a state of mind which is an element of the offense.



CREDIT(S)


L.1978, c. 95, § 2C:4-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 11B, eff. Sept. 1, 1979; L.1981, c. 290, § 8, eff. Sept. 24, 1981; L.1990, c. 63, § 1, eff. July 7, 1990.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-3. Requirement of notice


a. If a defendant intends to claim insanity pursuant to section 2C:4-1 or the absence of a requisite state of mind pursuant to section 2C:4-2, he shall serve notice of such intention upon the prosecuting attorney in accordance with the Rules of Court.


b. When a defendant is acquitted on the ground of insanity, the verdict and judgment shall so state.



CREDIT(S)


L.1978, c. 95, § 2C:4-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 12, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-4. Mental incompetence excluding fitness to proceed


a. No person who lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as such incapacity endures.


b. A person shall be considered mentally competent to stand trial on criminal charges if the proofs shall establish:


(1) That the defendant has the mental capacity to appreciate his presence in relation to time, place and things; and


(2) That his elementary mental processes are such that he comprehends:


(a) That he is in a court of justice charged with a criminal offense;


(b) That there is a judge on the bench;


(c) That there is a prosecutor present who will try to convict him of a criminal charge;


(d) That he has a lawyer who will undertake to defend him against that charge;


(e) That he will be expected to tell to the best of his mental ability the facts surrounding him at the time and place where the alleged violation was committed if he chooses to testify and understands the right not to testify;


(f) That there is or may be a jury present to pass upon evidence adduced as to guilt or innocence of such charge or, that if he should choose to enter into plea negotiations or to plead guilty, that he comprehend the consequences of a guilty plea and that he be able to knowingly, intelligently, and voluntarily waive those rights which are waived upon such entry of a guilty plea; and


(g) That he has the ability to participate in an adequate presentation of his defense.



CREDIT(S)


L.1978, c. 95, § 2C:4-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 13, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-5. Psychiatric or psychological examination of defendant with respect to fitness to proceed


a. Whenever there is reason to doubt the defendant's fitness to proceed, the court may on motion by the prosecutor, the defendant or on its own motion, appoint at least one qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant. The psychiatrist or licensed psychologist so appointed shall be either:


(1) From a list agreed to by the court, the prosecutor and the defendant; or


(2) Agreed to by the court, prosecutor and defendant.


Alternatively, the court may order examination of a defendant for fitness to proceed by the Department of Human Services. The department shall provide or arrange for examination of the defendant at a jail, prison or psychiatric hospital. However, to ensure that a defendant is not unnecessarily hospitalized for the purpose of the examination, a defendant shall not be admitted to a State psychiatric hospital for an examination regarding his fitness to proceed unless a qualified psychiatrist or licensed psychologist designated by the commissioner determines that hospitalization is clinically necessary to perform the examination. Whenever the qualified psychiatrist or licensed psychologist determines that hospitalization is clinically necessary to perform the examination, the court shall order the defendant to be committed to the custody of the Commissioner of Human Services for placement in a State psychiatric hospital designated for that purpose for a period not exceeding 30 days.


A qualified psychiatrist or licensed psychologist retained by the defendant or by the prosecutor shall, if requested, be permitted to examine a defendant who has been admitted to a State psychiatric hospital.


b. The report of the examination shall include at least the following: (1) a description of the nature of the examination; (2) a diagnosis of the mental condition of the defendant; (3) an opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense. The person or persons conducting the examination may ask questions respecting the crime charged when such questions are necessary to enable formation of an opinion as to a relevant issue, however, the evidentiary character of any inculpatory statement shall be limited expressly to the question of competency and shall not be admissible on the issue of guilt.


c. If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental incompetence. Upon the filing of such a report, the court may permit examination without cooperation, may appoint a different psychiatrist or licensed psychologist, or may commit the defendant for observation for a period not exceeding 30 days except on good cause shown, or exclude or limit testimony by the defense psychiatrist or licensed psychologist.


d. The report of the examination shall be sent by the psychiatrist or licensed psychologist to the court, the prosecutor and counsel for the defendant.



CREDIT(S)


L.1978, c. 95, § 2C:4-5, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 13A, eff. Sept. 1, 1979; L.1997, c. 77, § 1, eff. April 24, 1997; L.1998, c. 111, § 1, eff. Oct. 17, 1998.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-6. Determination of fitness to proceed; effect of finding of unfitness; proceedings if fitness is regained; post-commitment hearing


a. When the issue of the defendant's fitness to proceed is raised, the issue shall be determined by the court. If neither the prosecutor nor counsel for the defendant contests the finding of the report filed pursuant to section 2C:4-5, the court may make the determination on the basis of such report. If the finding is contested or if there is no report, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, either party shall have the right to summon and examine the psychiatrists or licensed psychologists who joined in the report and to offer evidence upon the issue.


b. If the court determines that the defendant lacks fitness to proceed, the proceeding against him shall be suspended, except as provided in subsection c. of this section. At this time, the court may commit him to the custody of the Commissioner of Human Services to be placed in an appropriate institution if it is found that the defendant is so dangerous to himself or others as to require institutionalization, or it shall proceed to determine whether placement in an outpatient setting or release is appropriate; provided, however, that no commitment to any institution shall be in excess of such period of time during which it can be determined whether it is substantially probable that the defendant could regain his competence within the foreseeable future.


If the court determines that the defendant is fit to proceed, but suffers from mental illness, as defined in section 2 of P.L.1987, c. 116 (C.30:4-27.2), that does not require institutionalization, the court shall order the defendant to be provided appropriate treatment in the jail or prison in which the defendant is incarcerated. Where the defendant is incarcerated in a county correctional facility, the county shall provide or arrange for this treatment. The Department of Corrections shall reimburse the county for the reasonable costs of treatment, as determined by the Commissioner of Corrections, provided that the county has submitted to the commissioner such documentation and verification as the commissioner shall require.


c. If the defendant has not regained his fitness to proceed within three months, the court shall hold a hearing on the issue of whether the charges against him shall be dismissed with prejudice or held in abeyance.


The hearing shall be held only upon notice to the prosecutor and with an opportunity for the prosecutor to be heard. When the charges are not dismissed, each defendant's case shall be specifically reviewed by the court at six-month intervals until an order is made by the court that the defendant stand trial or that the charges be dismissed.


There shall be a presumption that charges against a defendant who is not competent to proceed shall be held in abeyance. The presumption can be overcome only if the court determines, using the factors set forth in this subsection, that continuing the criminal prosecution under the particular circumstances of the case would constitute a constitutionally significant injury to the defendant attributable to undue delay in being brought to trial.


In determining whether the charges shall be held in abeyance or dismissed, the court shall weigh the following factors: the defendant's prospects for regaining competency; the period of time during which the defendant has remained incompetent; the nature and extent of the defendant's institutionalization; the nature and gravity of the crimes charged; the effects of delay on the prosecution; the effects of delay on the defendant, including any likelihood of prejudice to the defendant in the trial arising out of the delay; and the public interest in prosecuting the charges.


d. When the court, on its own motion or upon application of the commissioner, his designee or either party, determines after a hearing, if a hearing is requested, that the defendant has regained fitness to proceed, the proceedings shall be resumed.


e. (Deleted by amendment, P.L.1996, c. 133).


f. The fact that the defendant is unfit to proceed does not preclude determination of any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant.



CREDIT(S)


L.1978, c. 95, § 2C:4-6, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 13B, eff. Sept. 1, 1979; L.1996, c. 133, § 1, eff. Dec. 5, 1996; L.1997, c. 77, § 2, eff. April 24, 1997; L.1999, c. 16, § 1.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-7. Disposition


If a defendant is acquitted by reason of insanity the court shall dispose of the case as provided for in section 2C:4-8 of this chapter.



CREDIT(S)


L.1978, c. 95, § 2C:4-7, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-8. Commitment of a person by reason of insanity


a. After acquittal by reason of insanity, the court shall order that the defendant undergo a psychiatric examination by a psychiatrist of the prosecutor's choice. If the examination cannot take place because of the unwillingness of the defendant to participate, the court shall proceed as in section 2C:4-5c. The defendant, pursuant to this section, may also be examined by a psychiatrist of his own choice.


b. The court shall dispose of the defendant in the following manner:


(1) If the court finds that the defendant may be released without danger to the community or himself without supervision, the court shall so release the defendant; or


(2) If the court finds that the defendant may be released without danger to the community or to himself under supervision or under conditions, the court shall so order; or


(3) If the court finds that the defendant cannot be released with or without supervision or conditions without posing a danger to the community or to himself, it shall commit the defendant to a mental health facility approved for this purpose by the Commissioner of Human Services to be treated as a person civilly committed. In all proceedings conducted pursuant to this section and pursuant to section N.J.S. 2C:4-6 concerning a defendant who lacks the fitness to proceed, including any periodic review proceeding, the prosecuting attorney shall have the right to appear and be heard. The defendant's continued commitment, under the law governing civil commitment, shall be established by a preponderance of the evidence, during the maximum period of imprisonment that could have been imposed, as an ordinary term of imprisonment, for any charge on which the defendant has been acquitted by reason of insanity. Expiration of that maximum period of imprisonment shall be calculated by crediting the defendant with any time spent in confinement for the charge or charges on which the defendant has been acquitted by reason of insanity.


c. No person committed under this section shall be confined within any penal or correctional institution or any part thereof.



CREDIT(S)


L.1978, c. 95, § 2C:4-8, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 15, eff. Sept. 1, 1979; L.1981, c. 290, § 9, eff. Sept. 24, 1981; L.1996, c. 133, § 2, eff. Dec. 5, 1996.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-9. Release of persons committed by reason of insanity


a. If a person has been committed pursuant to section 2C:4-8 or section 2C:4-6 and if the commissioner, or his designee, or the superintendent of the institution to which the person has been committed, is of the view that a person committed to his custody, pursuant to section 2C:4-8or section 2C:4-6, may be discharged or released on condition without danger to himself or to others, or that he may be transferred to a less restrictive setting for treatment, the commissioner or superintendent shall make application for the discharge or release of such person in a report to the court by which such person was committed and shall transmit a copy of such application and report to the prosecutor, the court, and defense counsel. The court may, in its discretion, appoint at least two qualified psychiatrists, neither of whom may be on the staff of the hospital to which the defendant had been committed, to examine such person and to report within 30 days, or such longer period as the court determines to be necessary for the purpose, their opinion as to his mental condition.


b. The court shall hold a hearing to determine whether the committed person may be safely discharged, released on condition without danger to himself or others, or treated as in civil commitment. The hearing shall be held upon notice to the prosecutor and with the prosecutor's opportunity to be heard. Any such hearing shall be deemed a civil proceeding. According to the determination of the court upon the hearing, the court shall proceed as in section 2C:4-8b. (1), (2) or (3).


c. A committed person may make application for his discharge or release to the court by which he was committed, and the procedure to be followed upon such application shall be the same as that prescribed above in the case of an application by the commissioner.


d. Each defendant's case shall be specifically reviewed as provided by the law governing civil commitment.



CREDIT(S)


L.1978, c. 95, § 2C:4-9, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 16, eff. Sept. 1, 1979; L.1996, c. 133, § 3, eff. Dec. 5, 1996.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-10

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-10. Statements for purposes of examination or treatment inadmissible except on issue of mental condition


A statement made by a person subjected to psychiatric or psychological examination or treatment pursuant to section 2C:4-5, 2C:4-6 or 2C:4-9 for the purposes of such examination or treatment shall not be admissible in evidence against him in any criminal proceeding on any issue other than that of his mental condition but it shall be admissible upon that issue, whether or not it would otherwise be deemed a privileged communication. When such a statement constitutes an admission of guilt of the crime charged or of an element thereof, it shall only be admissible where it appears at trial that conversations with the examining psychiatrist or licensed psychologist were necessary to enable him to form an opinion as to a matter in issue.



CREDIT(S)


L.1978, c. 95, § 2C:4-10, eff. Sept. 1, 1979. Amended by L.1997, c. 77, § 3, eff. April 24, 1997.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:4-11

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 4. Responsibility (Refs & Annos)

2C:4-11. Immaturity excluding criminal conviction; transfer of proceedings to family court


a. A person shall not be tried for or convicted of an offense if:


(1) At the time of the conduct charged to constitute the offense he was less than 14 years of age, in which case the family court shall have exclusive jurisdiction unless pursuant to section 8 of the “New Jersey Code of Juvenile Justice” [FN1] the juvenile has demanded indictment and trial by jury; or


(2) At the time of the conduct charged to constitute the offense he was 14, 15, 16 or 17 years of age, unless:


(a) The family court has no jurisdiction over him;


(b) The family court has, pursuant to section 7 of “New Jersey Code of Juvenile Justice,” [FN2] entered an order waiving jurisdiction and referring the case to the county prosecutor for the institution of criminal proceedings against him;


(c) The juvenile has, pursuant to section 8 of the “New Jersey Code of Juvenile Justice,” demanded indictment and trial by jury.


b. No court shall have jurisdiction to try and convict a person of an offense if criminal proceedings against him are barred by subsection a. of this section. When it appears that a person charged with the commission of an offense may be of such an age that proceedings may be barred under subsection a. of this section, the court shall hold a hearing thereon, and the burden shall be on such person to establish to the satisfaction of the court that the proceeding is barred upon such grounds. If the court determines that the proceeding is barred, custody of the person charged shall be surrendered to the family court and the case, including all papers and processes relating thereto shall be transferred.



CREDIT(S)


L.1978, c. 95, § 2C:4-11, eff. Sept. 1, 1979. Amended by L.1982, c. 77, § 32, eff. Dec. 31, 1983.


[FN1] N.J.S.A. § 2A:4A-27.


[FN2] N.J.S.A. § 2A:4A-26.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 1, Ch. 5, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 1. General Provisions

Chapter 5. Inchoate Crimes


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:5-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 5. Inchoate Crimes (Refs & Annos)

2C:5-1. Criminal attempt


a. Definition of attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:


(1) Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be;


(2) When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing such result without further conduct on his part; or


(3) Purposely does or omits to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.


b. Conduct which may be held substantial step under subsection a. (3). Conduct shall not be held to constitute a substantial step under subsection a. (3) of this section unless it is strongly corroborative of the actor's criminal purpose.


c. Conduct designed to aid another in commission of a crime. A person who engages in conduct designed to aid another to commit a crime which would establish his complicity under section 2C:2-6 if the crime were committed by such other person, is guilty of an attempt to commit the crime, although the crime is not committed or attempted by such other person.


d. Renunciation of criminal purpose. When the actor's conduct would otherwise constitute an attempt under subsection a. (2) or (3) of this section, it is an affirmative defense which he must prove by a preponderance of the evidence that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention.


Within the meaning of this chapter, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim. Renunciation is also not complete if mere abandonment is insufficient to accomplish avoidance of the offense in which case the defendant must have taken further and affirmative steps that prevented the commission thereof.



CREDIT(S)


L.1978, c. 95, § 2C:5-1, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:5-2

Effective: June 18, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 5. Inchoate Crimes (Refs & Annos)

2C:5-2. Conspiracy


a. Definition of conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:


(1) Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or


(2) Agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.


b. Scope of conspiratorial relationship. If a person guilty of conspiracy, as defined by subsection a. of this section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit such crime.


c. Conspiracy with multiple objectives. If a person conspires to commit a number of crimes, he is guilty of only one conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship. It shall not be a defense to a charge under this section that one or more of the objectives of the conspiracy was not criminal; provided that one or more of its objectives or the means of promoting or facilitating an objective of the conspiracy is criminal.


d. Overt act. No person may be convicted of conspiracy to commit a crime other than a crime of the first or second degree or distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog as defined in chapter 35 of this title, unless an overt act in pursuance of such conspiracy is proved to have been done by him or by a person with whom he conspired.


e. Renunciation of purpose. It is an affirmative defense which the actor must prove by a preponderance of the evidence that he, after conspiring to commit a crime, informed the authority of the existence of the conspiracy and his participation therein, and thwarted or caused to be thwarted the commission of any offense in furtherance of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of criminal purpose as defined in N.J.S.2C:5-1d.; provided, however, that an attempt as defined in N.J.S.2C:5-1 shall not be considered an offense for purposes of renunciation under this subsection.


f. Duration of conspiracy. For the purpose of N.J.S.2C:1-6d.:


(1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; and


(2) Such abandonment is presumed with respect to a crime other than one of the first or second degree if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and


(3) If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein.


g. Leader of organized crime. A person is a leader of organized crime if he purposefully conspires with others as an organizer, supervisor , manager or financier to commit a continuing series of crimes which constitute a pattern of racketeering activity under the provisions of N.J.S. 2C:41-1, provided, however, that notwithstanding 2C:1-8a. (2), a conviction of leader of organized crime shall not merge with the conviction of any other crime which constitutes racketeering activity under 2C:41-1. As used in this section, “financier” means a person who provides money, credit or a thing of value with the purpose or knowledge that it will be used to finance or support the operations of a conspiracy to commit a series of crimes which constitute a pattern of racketeering activity, including but not limited to the purchase of materials to be used in the commission of crimes, buying or renting housing or vehicles, purchasing transportation for members of the conspiracy or otherwise facilitating the commission of crimes which constitute a pattern of racketeering activity.



CREDIT(S)


L.1978, c. 95, § 2C:5-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 17, eff. Sept. 1, 1979; L.1981, c. 167, § 3, eff. June 15, 1981; L.1981, c. 290, § 10, eff. Sept. 24, 1981; L.1981, c. 511, § 1, eff. Jan. 12, 1982; L.1987, c. 106, § 4; L.2002, c. 26, § 8, eff. June 18, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:5-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 5. Inchoate Crimes (Refs & Annos)

2C:5-3. Incapacity, irresponsibility or immunity of party to conspiracy


a. In general. Except as provided in subsection b. of this section, it is immaterial to the liability of a person who conspires with another to commit a crime that:


(1) He or the person with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if he believes that one of them does; or


(2) The person with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.


b. Exceptions to subsection a.: Victims, behavior inevitably incident to the commission of the crime. It is a defense to a charge of conspiracy to commit a crime that if the object of the conspiracy were achieved, the person charged would not be guilty of a crime under the law defining the crime or as an accomplice under section 2C:2-6e. (1) or (2).



CREDIT(S)


L.1978, c. 95, § 2C:5-3, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:5-4

Effective: June 18, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 5. Inchoate Crimes (Refs & Annos)

2C:5-4. Grading of criminal attempt and conspiracy; mitigation in cases of lesser danger


a. Grading. Except as provided in subsections c. and d., an attempt or conspiracy to commit a crime of the first degree is a crime of the second degree; except that an attempt or conspiracy to commit murder or terrorism is a crime of the first degree ,provided, however, that if the person attempted or conspired to murder five or more persons, the person shall be sentenced by the court to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment, of which the person shall serve not less than 30 years before eligibility for parole. Otherwise an attempt is a crime of the same degree as the most serious crime which is attempted, and conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy; provided that, leader of organized crime is a crime of the second degree. An attempt or conspiracy to commit an offense defined by a statute outside the code shall be graded as a crime of the same degree as the offense is graded pursuant to N.J.S.2C:1-4 and N.J.S.2C:43-1.


b. Mitigation. The court may impose sentence for a crime of a lower grade or degree if neither the particular conduct charged nor the defendant presents a public danger warranting the grading provided for such crime under subsection a. because:


(1) The criminal attempt or conspiracy charged is so inherently unlikely to result or culminate in the commission of a crime; or


(2) The conspiracy, as to the particular defendant charged, is so peripherally related to the main unlawful enterprise.


c. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime set forth in subsection a., b., or d. of N.J.S.2C:17-1 where the structure which was the target of the crime was a church, synagogue, temple or other place of public worship is a crime of the first degree.


d. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime as set forth in P.L.1994, c. 121 (C.2C:21-23 et seq.) is a crime of the same degree as the most serious crime that was conspired to be committed.



CREDIT(S)


L.1978, c. 95, § 2C:5-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 18, eff. Sept. 1, 1979; L.1981, c. 167, § 4, eff. June 15, 1981; L.1981, c. 290, § 11, eff. Sept. 24, 1981; L.1981, c. 511, § 2, eff. Jan. 12, 1982; L.1986, c. 190, § 1, eff. Dec. 17, 1986; L.1997, c. 34, § 1, eff. March 7, 1997; L.1999, c. 25, § 2, eff. Feb. 16, 1999; L.2002, c. 26, § 9, eff. June 18, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:5-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 5. Inchoate Crimes (Refs & Annos)

2C:5-5. Burglar's tools


a. Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises


(1) Knowing the same to be so adapted or designed or commonly used; and


(2) With either a purpose so to use or employ it, or with a purpose to provide it to some person who he knows has such a purpose to use or employ it, is guilty of an offense.


b. Any person who publishes plans or instructions dealing with the manufacture or use of any burglar tools as defined above, with the intent that such publication be used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises is guilty of an offense.


The offense under a. or b. of this section is a crime of the fourth degree if the defendant manufactured such instrument or implements or published such plans or instructions; otherwise it is a disorderly persons offense.



CREDIT(S)


L.1978, c. 95, § 2C:5-5, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 18A, eff. Sept. 1, 1979; L.1992, c. 198, § 1, eff. Dec. 23, 1992.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:5-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 5. Inchoate Crimes (Refs & Annos)

2C:5-6. Motor vehicle master keys


a. Any person who knowingly possesses a motor vehicle master key or device designed to operate a lock or locks on motor vehicles or to start a motor vehicle without an ignition key is guilty of a crime of the fourth degree.


b. Any person who offers or advertises for sale, sells or gives to any person other than those excepted in subsection c. a motor vehicle master key or device designed to operate a lock or locks on a motor vehicle or to start a motor vehicle without an ignition key is guilty of a crime of the fourth degree.


c. Subsection a. shall not apply to a law enforcement officer, constable, locksmith or dealer, distributor or manufacturer of motor vehicles or motor vehicle locks, a garage keeper, or a person engaged in the business of lending on the security of motor vehicles, or in the business of acquiring by purchase evidence of debt secured by interests in motor vehicles, and his employees and agents.



CREDIT(S)


L.1978, c. 95, § 2C:5-6, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:5-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 5. Inchoate Crimes (Refs & Annos)

2C:5-7. Key to lock in or on real property owned or leased by state


Any person who knowingly uses, distributes, manufactures, duplicates or possesses a key designed to be used in a lock in or on real property owned or leased by the State without conforming to the rules and regulations established according to section 2 of this act [FN1] is guilty of a disorderly persons offense.



CREDIT(S)


L.1981, c. 248, § 1, eff. Feb. 2, 1982.


[FN1] N.J.S.A. § 52:27B-56a.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 1, Ch. 6, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 1. General Provisions

Chapter 6. Bail


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:6-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 6. Bail (Refs & Annos)

2C:6-1. Persons accused of minor offenses


No person charged with a crime of the fourth degree, a disorderly persons offense or a petty disorderly persons offense shall be required to deposit bail in an amount exceeding $2,500.00, unless the court finds that the person presents a serious threat to the physical safety of potential evidence or of persons involved in circumstances surrounding the alleged offense or unless the court finds bail of that amount will not reasonably assure the appearance of the defendant as required. The court may for good cause shown impose a higher bail; the court shall specifically place on the record its reasons for imposing bail in an amount exceeding $2,500.00.



CREDIT(S)


L.1983, c. 423, § 1, eff. Jan. 5, 1984.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 1, Ch. 7, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-1. Legislative findings and declaration


The Legislature finds and declares:


a. The danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children, and the dangers posed by persons who prey on others as a result of mental illness, require a system of registration that will permit law enforcement officials to identify and alert the public when necessary for the public safety.


b. A system of registration of sex offenders and offenders who commit other predatory acts against children will provide law enforcement with additional information critical to preventing and promptly resolving incidents involving sexual abuse and missing persons.



CREDIT(S)


L.1994, c. 133, § 1, eff. Oct. 31, 1994.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-2

Effective: February 25, 2008


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-2 Registration of sex offenders; definitions


a. (1) A person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of this section shall register as provided in subsections c. and d. of this section.


(2) A person who in another jurisdiction is required to register as a sex offender and (a) is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school, or (b) is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall register in this State as provided in subsections c. and d. of this section.


(3) A person who fails to register as required under this act [FN1] shall be guilty of a crime of the third degree.


b. For the purposes of this act a sex offense shall include the following:


(1) Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes if the court found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction;


(2) A conviction, adjudication of delinquency, or acquittal by reason of insanity for aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (3) or (4) or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c. 291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; or an attempt to commit any of these enumerated offenses if the conviction, adjudication of delinquency or acquittal by reason of insanity is entered on or after the effective date of this act [FN2] or the offender is serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the offense or is confined following acquittal by reason of insanity or as a result of civil commitment on the effective date of this act;


(3) A conviction, adjudication of delinquency or acquittal by reason of insanity for an offense similar to any offense enumerated in paragraph (2) or a sentence on the basis of criteria similar to the criteria set forth in paragraph (1) of this subsection entered or imposed under the laws of the United States, this State or another state.


c. A person required to register under the provisions of this act shall do so on forms to be provided by the designated registering agency as follows:


(1) A person who is required to register and who is under supervision in the community on probation, parole, furlough, work release, or a similar program, shall register at the time the person is placed under supervision or no later than 120 days after the effective date of this act, whichever is later, in accordance with procedures established by the Department of Corrections, the Department of Human Services, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 (C.52:17B-170) or the Administrative Office of the Courts, whichever is responsible for supervision;


(2) A person confined in a correctional or juvenile facility or involuntarily committed who is required to register shall register prior to release in accordance with procedures established by the Department of Corrections, the Department of Human Services or the Juvenile Justice Commission and, within 48 hours of release, shall also register with the chief law enforcement officer of the municipality in which the person resides or, if the municipality does not have a local police force, the Superintendent of State Police;


(3) A person moving to or returning to this State from another jurisdiction shall register with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police force, the Superintendent of State Police within 120 days of the effective date of this act or 10 days of first residing in or returning to a municipality in this State, whichever is later;


(4) A person required to register on the basis of a conviction prior to the effective date who is not confined or under supervision on the effective date of this act shall register within 120 days of the effective date of this act with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police force, the Superintendent of State Police;


(5) A person who in another jurisdiction is required to register as a sex offender and who is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school shall, within ten days of commencing attendance at such educational institution, register with the chief law enforcement officer of the municipality in which the educational institution is located or, if the municipality does not have a local police force, the Superintendent of State Police;


(6) A person who in another jurisdiction is required to register as a sex offender and who is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall, within ten days after commencing such employment or vocation, register with the chief law enforcement officer of the municipality in which the employer is located or where the vocation is carried on, as the case may be, or, if the municipality does not have a local police force, the Superintendent of State Police;


(7) In addition to any other registration requirements set forth in this section, a person required to register under this act who is enrolled at, employed by or carries on a vocation at an institution of higher education or other post-secondary school in this State shall, within ten days after commencing such attendance, employment or vocation, register with the law enforcement unit of the educational institution, if the institution has such a unit.


d. (1) Upon a change of address, a person shall notify the law enforcement agency with which the person is registered and shall re-register with the appropriate law enforcement agency no less than 10 days before he intends to first reside at his new address. Upon a change of employment or school enrollment status, a person shall notify the appropriate law enforcement agency no later than five days after any such change. A person who fails to notify the appropriate law enforcement agency of a change of address or status in accordance with this subsection is guilty of a crime of the fourth degree.


(2) A person required to register under this act [FN3] shall provide the appropriate law enforcement agency with information as to whether the person has routine access to or use of a computer or any other device with Internet capability. A person who fails to notify the appropriate law enforcement agency of such information or of a change in the person's access to or use of a computer or other device with Internet capability or who provides false information concerning the person's access to or use of a computer or any other device with Internet capability is guilty of a crime of the fourth degree.


e. A person required to register under paragraph (1) of subsection b. of this section or under paragraph (3) of subsection b. due to a sentence imposed on the basis of criteria similar to the criteria set forth in paragraph (1) of subsection b. shall verify his address with the appropriate law enforcement agency every 90 days in a manner prescribed by the Attorney General. A person required to register under paragraph (2) of subsection b. of this section or under paragraph (3) of subsection b. on the basis of a conviction for an offense similar to an offense enumerated in paragraph (2) of subsection b. shall verify his address annually in a manner prescribed by the Attorney General. One year after the effective date of this act, the Attorney General shall review, evaluate and, if warranted, modify pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.) the verification requirement. Any person who knowingly provides false information concerning his place of residence or who fails to verify his address with the appropriate law enforcement agency or other entity, as prescribed by the Attorney General in accordance with this subsection, is guilty of a crime of the fourth degree.


f. Except as provided in subsection g. of this section, a person required to register under this act may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others.


g. A person required to register under this section who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for more than one sex offense as defined in subsection b. of this section or who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2 or sexual assault pursuant to paragraph (1) of subsection c. of N.J.S.2C:14-2 is not eligible under subsection f. of this section to make application to the Superior Court of this State to terminate the registration obligation.



CREDIT(S)


L.1994, c. 133, § 2, eff. Oct. 31, 1994. Amended by L.1995, c. 280, § 18, eff. Dec. 15, 1995; L.2001, c. 392, § 1, eff. Jan. 8, 2002; L.2003, c. 34, § 1, eff. July 1, 2003; L.2003, c. 219, § 1, eff. April 8, 2004; L.2003, c. 220, § 1, eff. April 8, 2004; L.2007, c. 19, § 1, eff. March 1, 2007; L.2007, c. 219, § 2, eff. Feb. 25, 2008.


[FN1] N.J.S.A. § 2C:7-1 et seq.


[FN2] L.1994, c. 133, eff. Oct. 31, 1994.


[FN3] L.2007, c. 219.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-2.1

Effective: March 1, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-2.1 Address verification prior to release


a. No person confined in a correctional or juvenile facility or involuntarily committed who is required to register under the provisions of P.L.1994, c. 133 (C.2C:7-1 et seq.) shall be released from that confinement prior to expiration of sentence or termination from supervision or of custody, as the case may be, until the address set forth on his form of registration as his proposed place of residence has been verified as valid in accordance with procedures established by the Attorney General, which shall include provisions governing written notification of appropriate State and local officials. The address verification shall take place prior to the scheduled date of release and shall be provided to the department to which the individual is confined or committed or the commission, as appropriate. Nothing in this section shall be construed to require a person to be held in confinement or involuntary commitment beyond the date of expiration of that person's sentence, termination from supervision, or judicially ordered termination of custody, as the case may be.


b. No person under supervision in the community on probation, parole, furlough, work release or any similar program who is required to register under the provisions of P.L.1994, c. 133 (C.2C:7-1 et seq.) shall be released from that supervision until the address set forth on his form of registration as his proposed place of residence has been verified as valid. The address verification shall take place prior to the scheduled date of release.



CREDIT(S)


L.2007, c. 19, § 2, eff. March 1, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-3. Notice of obligation to register as sex offender


Notice of the obligation to register shall be provided as follows:


(1) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the defendant of the obligation to register pursuant to section 2 of this act. [FN1]


(2) The Department of Corrections, the Administrative Office of the Courts, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 (C. 52:17B-170) and the Department of Human Services shall (a) establish procedures for notifying persons under their supervision of the obligation to register pursuant to this act and (b) establish procedures for registration by persons with the appropriate law enforcement agency who are under supervision in the community on probation, parole, furlough, work release or similar program outside the facility, and registration with the appropriate law enforcement agency of persons who are released from the facility in which they are confined without supervision.


(3) The Division of Motor Vehicles in the Department of Law and Public Safety shall provide notice of the obligation to register pursuant to this section in connection with each application for a license to operate a motor vehicle and each application for an identification card issued pursuant to section 2 of P.L.1980, c. 47 (C. 39:3-29.3).


(4) The Attorney General shall cause notice of the obligation to register to be published in a manner reasonably calculated to reach the general public within 30 days of the effective date of this act.



CREDIT(S)


L.1994, c. 133, § 3, eff. Oct. 31, 1994. Amended by L.1995, c. 280, § 19, eff. Dec. 15, 1995.


[FN1] N.J.S.A. § 2C:7-2.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-4

Effective: July 1, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-4. Registration forms; contents; transmission of form


a. Within 60 days of the effective date of this act, the Superintendent of State Police, with the approval of the Attorney General, shall prepare the form of registration statement as required in subsection b. of this section and shall provide such forms to each organized full-time municipal police department, the Department of Corrections, the Administrative Office of the Courts and the Department of Human Services. In addition, the Superintendent of State Police shall make such forms available to the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 (C.52:17B-170).


b. The form of registration required by this act shall include:


(1) A statement in writing signed by the person required to register acknowledging that the person has been advised of the duty to register and reregister imposed by this act and including the person's name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence, address of any current temporary residence, date and place of employment; and any anticipated or current school enrollment, including but not limited to enrollment at or employment by any institution of higher education;


(2) Date and place of each conviction, adjudication or acquittal by reason of insanity, indictment number, fingerprints, and a brief description of the crime or crimes for which registration is required; and


(3) Any other information that the Attorney General deems necessary to assess risk of future commission of a crime, including criminal and corrections records, nonprivileged personnel, treatment, and abuse registry records, and evidentiary genetic markers when available.


c. Within three days of receipt of a registration pursuant to subsection c. of section 2 of this act, [FN1] the registering agency shall forward the statement and any other required information to the prosecutor who shall, as soon as practicable, transmit the form of registration to the Superintendent of State Police, and, if the registrant will reside in a different county, to the prosecutor of the county in which the person will reside. The prosecutor of the county in which the person will reside shall transmit the form of registration to the law enforcement agency responsible for the municipality in which the person will reside and other appropriate law enforcement agencies. The superintendent shall promptly transmit the conviction data and fingerprints to the Federal Bureau of Investigation.


d. The Superintendent of State Police shall maintain a central registry of registrations provided pursuant to this act.



CREDIT(S)


L.1994, c. 133, § 4, eff. Oct. 31, 1994. Amended by L.1995, c. 280, § 20, eff. Dec. 15, 1995; L.2003, c. 34, § 2, eff. July 1, 2003.


[FN1] N.J.S.A. § 2C:7-2.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-5

Effective: April 1, 2013


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-5. Records; access; immunity


a. Records maintained pursuant to P.L.1994, c. 133 (C.2C:7-1 et seq.) shall be open to any law enforcement agency in this State, the United States, or any other state and may be released to:


(1) the Division of Child Protection and Permanency in the Department of Children and Families for use in carrying out its responsibilities under law; and


(2) the Department of Human Services and county and municipal welfare agencies for exclusive use in placing homeless families and persons in emergency shelters, which include but are not limited to, hotels and motels.


Law enforcement agencies in this State shall be authorized to release relevant and necessary information regarding sex offenders to the public when the release of the information is necessary for public protection in accordance with the provisions of P.L.1994, c. 128 (C.2C:7-6 et seq.).


b. An elected public official, public employee, or public agency is immune from civil liability for damages for any discretionary decision to release relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.


c. Nothing in P.L.1994, c. 133 shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for failing to release information as authorized in subsection d. of this section.


d. Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public exposed to danger of any persons that pose a danger under circumstances that are not enumerated in P.L.1994, c. 133.



CREDIT(S)


L.1994, c. 133, § 5, eff. Oct. 31, 1994. Amended by L.2006, c. 6, § 1, eff. April 11, 2006; L.2006, c. 47, § 23, eff. July 1, 2006; L.2012, c. 16, § 5, eff. June 29, 2012; L.2013, c. 38, § 1, eff. April 1, 2013.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-6. Notification of community of intent of sex offender released from correctional facility or adjudicated delinquent to reside in municipality


Within 45 days after receiving notification pursuant to section 1 of P.L.1994, c. 135 (C. 30:4-123.53a) that an inmate convicted of or adjudicated delinquent for a sex offense as defined in section 2 of P.L.1994 c. 133 (C. 2C:7-2) is to be released from incarceration and after receipt of registration as required therein, the chief law enforcement officer of the municipality where the inmate intends to reside shall provide notification in accordance with the provisions of section 3 of this act [FN1] of that inmate's release to the community. If the municipality does not have a police force, the Superintendent of State Police shall provide notification.



CREDIT(S)


L.1994, c. 128, § 1, eff. Oct. 31, 1994.


[FN1] N.J.S.A. § 2C:7-8.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-7. Chief law enforcement officer to provide notification to community


After receipt of notification and registration pursuant to P.L.1994, c. 133 (C. 2C:7-1 et seq.) that a person required to register pursuant to that act intends to change his address, the chief law enforcement officer of the municipality to which the person is relocating shall provide notification of that relocation to the community pursuant to section 3 of this act. [FN1] If the municipality does not have a police force, the Superintendent of State Police shall provide notification.



CREDIT(S)


L.1994, c. 128, § 2, eff. Oct. 31, 1994.


[FN1] N.J.S.A. § 2C:7-8.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-8. Notification guidelines; identification of factors relevant to risk of re-offense


a. After consultation with members of the advisory council established pursuant to section 6 of this act [FN1] and within 60 days of the effective date, the Attorney General shall promulgate guidelines and procedures for the notification required pursuant to the provisions of this act. The guidelines shall identify factors relevant to risk of re-offense and shall provide for three levels of notification depending upon the degree of the risk of re-offense.


b. Factors relevant to risk of re-offense shall include, but not be limited to, the following:


(1) Conditions of release that minimize risk of re-offense, including but not limited to whether the offender is under supervision of probation or parole; receiving counseling, therapy or treatment; or residing in a home situation that provides guidance and supervision;


(2) Physical conditions that minimize risk of re-offense, including but not limited to advanced age or debilitating illness;


(3) Criminal history factors indicative of high risk of re-offense, including:


(a) Whether the offender's conduct was found to be characterized by repetitive and compulsive behavior;


(b) Whether the offender served the maximum term;


(c) Whether the offender committed the sex offense against a child;


(4) Other criminal history factors to be considered in determining risk, including:


(a) The relationship between the offender and the victim;


(b) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury;


(c) The number, date and nature of prior offenses;


(5) Whether psychological or psychiatric profiles indicate a risk of recidivism;


(6) The offender's response to treatment;


(7) Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence; and


(8) Recent threats against persons or expressions of intent to commit additional crimes.


c. The regulations shall provide for three levels of notification depending upon the risk of re-offense by the offender as follows:


(1) If risk of re-offense is low, law enforcement agencies likely to encounter the person registered shall be notified;


(2) If risk of re-offense is moderate, organizations in the community including schools, religious and youth organizations shall be notified in accordance with the Attorney General's guidelines, in addition to the notice required by paragraph (1) of this subsection;


(3) If risk of re-offense is high, the public shall be notified through means in accordance with the Attorney General's guidelines designed to reach members of the public likely to encounter the person registered, in addition to the notice required by paragraphs (1) and (2) of this subsection.


d. In order to promote uniform application of the notification guidelines required by this section, the Attorney General shall develop procedures for evaluation of the risk of re-offense and implementation of community notification. These procedures shall require, but not be limited to, the following:


(1) The county prosecutor of the county where the person was convicted and the county prosecutor of the county where the registered person will reside, together with any law enforcement officials that either deems appropriate, shall assess the risk of re-offense by the registered person;


(2) The county prosecutor of the county in which the registered person will reside, after consultation with local law enforcement officials, shall determine the means of providing notification.


e. The Attorney General's guidelines shall provide for the manner in which records of notification provided pursuant to this act shall be maintained and disclosed.



CREDIT(S)


L.1994, c. 128, § 3, eff. Oct. 31, 1994.


[FN1] N.J.S.A. § 2C:7-11.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-9. Immunity from civil and criminal liability for providing or failing to provide relevant information


Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this act shall not be liable in any civil or criminal action. Nothing herein shall be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission.



CREDIT(S)


L.1994, c. 128, § 4, eff. Oct. 31, 1994.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-10

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-10. Notification concerning other dangerous circumstances unaffected


Nothing in this act shall be construed to prevent law enforcement officers from providing community notification concerning any person who poses a danger under circumstances that are not provided for in this act.



CREDIT(S)


L.1994, c. 128, § 5, eff. Oct. 31, 1994.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-11

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-11. Notification advisory council established; qualifications of members


A notification advisory council is established to consult with and provide recommendations to the Attorney General concerning the guidelines to be promulgated pursuant to section 3 of this act. [FN1] The council shall consist of 12 persons who, by experience or training, have a personal interest or professional expertise in law enforcement, crime prevention, victim advocacy, criminology, psychology, parole, public education or community relations. The members of the council shall be appointed in the following manner: four shall be appointed by the Governor, of whom no more than two shall be of the same political party; four shall be appointed by the President of the Senate, of whom no more than two shall be of the same political party; and four shall be appointed by the Speaker of the General Assembly, of whom no more than two shall be of the same political party. Any vacancies occurring in the membership shall be filled in the same manner as the original appointments.


One year after the effective date of this act, the Attorney General and the council shall conduct a comprehensive review of the guidelines to determine whether any changes or revisions should be promulgated. Upon completion of that review and the submission of any recommendations thereon, the council shall expire.



CREDIT(S)


L.1994, c. 128, § 6, eff. Oct. 31, 1994.


[FN1] N.J.S.A. § 2C:7-8.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-12

Effective: July 23, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-12. Legislative findings


The Legislature finds and declares that the public safety will be enhanced by making information about certain sex offenders contained in the sex offender central registry established pursuant to section 4 of P.L.1994, c. 133 (C.2C:7-4) available to the public through the Internet. Knowledge of whether a person is a convicted sex offender at risk of re-offense could be a significant factor in protecting oneself and one's family members, or those in care of a group or community organization, from recidivist acts by the offender. The technology afforded by the Internet would make this information readily accessible to parents and private entities, enabling them to undertake appropriate remedial precautions to prevent or avoid placing potential victims at risk. Public access to registry information is intended solely for the protection of the public, and is not intended to impose additional criminal punishment upon any convicted sex offender.


The Legislature further finds and declares that, in some instances, countervailing interests support a legislative determination to exclude from the Internet registry the registration information of certain sex offenders. For example, the interest in facilitating rehabilitation of juveniles who have been adjudicated delinquent for the commission of one sex offense, but who do not present a relatively high risk of re-offense, justifies the decision to limit public access to information about such juveniles through the Internet. Other instances where the Legislature has determined that making sex offender registry information available to the general public through the Internet would not necessarily serve the public safety purposes of the law include moderate risk offenders whose sole sex offense involved incest or consensual sex. However, in such cases, the legislature deems it appropriate and consistent with the public safety purposes of the law to provide a process that permits inclusion of information about these individuals in the Internet registry where public access would be warranted, based on the relative risk posed by the particular offender.



CREDIT(S)


L.2001, c. 167, § 1, eff. July 23, 2001, operative Jan. 1, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-13

Effective: September 14, 2004


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-13. Information in central registry to be made available on the Internet


a. Pursuant to the provisions of this section, the Superintendent of State Police shall develop and maintain a system for making certain information in the central registry established pursuant to subsection d. of section 4 of P.L.1994, c. 133 (C.2C:7-4) publicly available by means of electronic Internet technology.


b. The public may, without limitation, obtain access to the Internet registry to view an individual registration record, any part of, or the entire Internet registry concerning all offenders whose risk of re-offense is high or for whom the court has ordered notification in accordance with paragraph (3) of subsection c. of section 3 of P.L.1994, c. 128 (C.2C:7-8), regardless of the age of the offender.


c. Except as provided in subsection d. of this section, the public may, without limitation, obtain access to the Internet registry to view an individual registration record, any part of, or the entire Internet registry concerning offenders whose risk of re-offense is moderate and for whom the court has ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c. 128 (C.2C:7-8).


d. The individual registration record of an offender whose risk of re-offense has been determined to be moderate and for whom the court has ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c. 128 (C.2C:7-8) shall not be made available to the public on the Internet registry if the sole sex offense committed by the offender which renders him subject to the requirements of P.L.1994, c. 133 (C.2C:7-1 et seq.) is one of the following:


(1) An adjudication of delinquency for any sex offense as defined in subsection b. of section 2 of P.L.1994, c. 133 (C.2C:7-2);


(2) A conviction or acquittal by reason of insanity for a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3 under circumstances in which the offender was related to the victim by blood or affinity to the third degree or was a resource family parent, a guardian, or stood in loco parentis within the household; or


(3) A conviction or acquittal by reason of insanity for a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3 in any case in which the victim assented to the commission of the offense but by reason of age was not capable of giving lawful consent.


For purposes of this subsection, “sole sex offense” means a single conviction, adjudication of guilty or acquittal by reason of insanity, as the case may be, for a sex offense which involved no more than one victim, no more than one occurrence or, in the case of an offense which meets the criteria of paragraph (2) of this subsection, members of no more than a single household.


e. Notwithstanding the provisions of paragraph d. of this subsection, the individual registration record of an offender to whom an exception enumerated in paragraph (1), (2) or (3) of subsection d. of this section applies shall be made available to the public on the Internet registry if the State establishes by clear and convincing evidence that, given the particular facts and circumstances of the offense and the characteristics and propensities of the offender, the risk to the general public posed by the offender is substantially similar to that posed by offenders whose risk of re-offense is moderate and who do not qualify under the enumerated exceptions.


f. The individual registration records of offenders whose risk of re-offense is low or of offenders whose risk of re-offense is moderate but for whom the court has not ordered notification in accordance with paragraph (2) of subsection c. of section 3 of P.L.1994, c. 128 (C.2C:7-8) shall not be available to the public on the Internet registry.


g. The information concerning a registered offender to be made publicly available on the Internet shall include: the offender's name and any aliases the offender has used or under which the offender may be or may have been known; any sex offense as defined in subsection b. of section 2 of P.L. 1994, c. 133 (C.2C:7-2) for which the offender was convicted, adjudicated delinquent or acquitted by reason of insanity, as the case may be; the date and location of disposition; a brief description of any such offense, including the victim's gender and indication of whether the victim was less than 18 years old or less than 13 years old; a general description of the offender's modus operandi, if any; the determination of whether the risk of re-offense by the offender is moderate or high; the offender's age, race, sex, date of birth, height, weight, hair, eye color and any distinguishing scars or tattoos; a photograph of the offender and the date on which the photograph was entered into the registry; the make, model, color, year and license plate number of any vehicle operated by the offender; and the street address, zip code, municipality and county in which the offender resides.



CREDIT(S)


L.2001, c. 167, § 2, eff. July 23, 2001, operative Jan. 1, 2002.   Amended by L.2004, c. 130, § 12, eff. Aug. 27, 2004; L.2004, c. 151, § 1, eff. Sept. 14, 2004.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-14

Effective: July 23, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-14. Duties of the Attorney General


The Attorney General shall:


a. Ensure that the Internet registry contains warnings that any person who uses the information contained therein to threaten, intimidate or harass another, or who otherwise misuses that information may be criminally prosecuted;


b. Ensure that the Internet registry contains an explanation of its limitations, including statements advising that a positive identification of an offender whose registration record has been made available may be confirmed only by fingerprints; that some information contained in the registry may be outdated or inaccurate; and that the Internet registry is not a comprehensive listing of every person who has ever committed a sex offense in New Jersey;


c. Strive to ensure the information contained in the Internet registry is accurate, and that the data therein is revised and updated as appropriate in a timely and efficient manner; and


d. Provide in the Internet registry information designed to inform and educate the public about sex offenders and the operation of Megan's Law, as well as pertinent and appropriate information concerning crime prevention and personal safety, with appropriate links to relevant web sites operated by the State of New Jersey.



CREDIT(S)


L.2001, c. 167, § 3, eff. July 23, 2001, operative Jan. 1, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-15

Effective: July 23, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-15. Failure to investigate or disclose any information from the registry


No action shall be brought against any person for failure to investigate or disclose any information from the registry that is compiled or made available to the citizens of this State pursuant to P.L.2001, c. 167 (C.2C:7-12 et seq.).



CREDIT(S)


L.2001, c. 167, § 4, eff. July 23, 2001, operative Jan. 1, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-16

Effective: July 23, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-16. Use of disclosed information


a. Any information disclosed pursuant to this act may be used in any manner by any person or by any public, governmental or private entity, organization or official, or any agent thereof, for any lawful purpose consistent with the enhancement of public safety.


b. Any person who uses information disclosed pursuant to this act to commit a crime shall be guilty of a crime of the third degree. Any person who uses information disclosed pursuant to this act to commit a disorderly persons or petty disorderly persons offense shall be guilty of a disorderly persons offense and shall be fined not less than $500 or more than $1,000, in addition to any other penalty or fine imposed.


c. Except as authorized under any other provision of law, use of any of the information disclosed pursuant to this act for the purpose of applying for, obtaining, or denying any of the following, is prohibited:


(1) Health insurance;


(2) Insurance;


(3) Loans;


(4) Credit;


(5) Education, scholarships, or fellowships;


(6) Benefits, privileges, or services provided by any business establishment, unless for a purpose consistent with the enhancement of public safety; or


(7) Housing or accommodations.


d. Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information disclosed pursuant to this act, the Attorney General, or any county or municipal prosecutor having jurisdiction, or any person aggrieved by the misuse of that information is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of and in addition to any other remedies or procedures that may be available under other provisions of law.


e. Evidence that a person obtained information about an offender from the Internet registry within one year prior to committing a criminal offense against that offender shall give rise to an inference that the person used information in violation of subsection b. of this section.



CREDIT(S)


L.2001, c. 167, § 5, eff. July 23, 2001, operative Jan. 1, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-17

Effective: July 23, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-17. Provisions are severable


The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence, word or provision of this act is declared to be unconstitutional, invalid or inoperative in whole or in part, or the applicability thereof to any person is held invalid, by a court of competent jurisdiction, the remainder of this act shall not thereby be deemed to be unconstitutional, invalid or inoperative and, to the extent it is not declared unconstitutional, invalid or inoperative, shall be effectuated and enforced.



CREDIT(S)


L.2001, c. 167, § 6, eff. July 23, 2001, operative Jan. 1, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-18

Effective: July 23, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-18. Internet Registry Advisory Council


An Internet Registry Advisory Council is established to consult with and provide recommendations to the Attorney General concerning the making of sex offender registration records available to the public on the Internet. The council shall consist of nine persons who, by experience or training, have a personal interest or professional expertise in law enforcement, crime prevention, victim advocacy, criminology, psychology, parole, public education or community relations. The members of the council shall be appointed in the following manner: three shall be appointed by the Governor, of whom no more than two shall be of the same political party; three shall be appointed by the President of the Senate, of whom no more than two shall be of the same political party; and three shall be appointed by the Speaker of the General Assembly, of whom no more than two shall be of the same political party. Any vacancies occurring in the membership shall be filled in the same manner as the original appointments. The council shall hold at least two meetings per year to review the implementation and operations of the Internet registry.



CREDIT(S)


L.2001, c. 167, § 7, eff. July 23, 2001, operative Jan. 1, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-19

Effective: July 23, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-19. Short title


This act and the system of registration and community notification provided pursuant to P.L.1994, c. 133 and P.L.1994, c. 128 (C.2C:7-1 through 11) shall be known and may be cited as “Megan's Law.”



CREDIT(S)


L.2001, c. 167, § 8, eff. July 23, 2001, operative Jan. 1, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-20

Effective: April 1, 2008


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-20. Legislative findings and declarations; implementation and consistent application of Megan's Law across the State


The Legislature finds and declares that New Jersey enacted the groundbreaking legislation known as Megan's Law in 1994 to warn citizens that a dangerous sex offender had moved into their neighborhood. At that time more than a decade ago, the law created the most comprehensive system of sex offender registration and community notification in the nation. Subsequently, the Legislature enacted the law establishing the sex offender Internet registry, utilizing modern technology to afford even greater access to information concerning dangerous sex offenders and make that information readily accessible to the public.


Recently, however, questions have been raised concerning the implementation of Megan's Law, and whether the law is not consistently applied in the 21 counties. Published reports indicate that there are great variations among the counties in the number of sex offenders whose registration information is published on the Internet. In addition, many municipalities have limited where sex offenders may reside, or banned residency by them altogether. It also has been observed that sex offenders seem to be relocating at a higher rate to certain areas of the State, suggesting that the law is being implemented differently in some areas. Since the evidence indicates that Megan's Law is being applied inconsistently across the State, the Legislature finds that a study should be undertaken to identify the causes of these inconsistencies and to recommend procedures to make the law's application more uniform and equitable.



CREDIT(S)


L.2007, c. 227, § 1, eff. April 1, 2008.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-21

Effective: April 1, 2008


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-21. Comprehensive study


a. The Violence Institute of the University of Medicine and Dentistry of New Jersey shall undertake a comprehensive study of the implementation and application of Megan's Law. Specifically, the institute shall examine the implementation and application of P.L.1994, c. 133 (C.2C:7-1 et al.), which requires registration by sex offenders and P.L.1994, c. 128 (C.2C:7-6 et seq.), which requires community notification for certain sex offenders.


b. The study shall evaluate the current procedures utilized by the county prosecutors and the courts in determining a sex offender's tier designation and implementing community notification. In evaluating these procedures, the study shall examine the disposition of all sex offenders who have registered and have been assigned a tier rating since the enactment of Megan's Law. The study shall make recommendations regarding the standardization of procedures for evaluating the risk of re-offense, assigning tier designations, implementing community notification, and ensuring uniform application of the Attorney General's guidelines by law enforcement in providing community notification. In addition, the study shall examine the use of the Internet registry in providing information to the public about sex offenders. Specifically, the study shall review the implementation of P.L.2001, c. 167 (C.2C:7-12 et seq.) and determine whether the Internet registry has accomplished its mission to inform the public of dangerous sex offenders, or if geographic inconsistencies have mitigated its effectiveness. Finally, the study shall examine whether a central agency should be charged with the administration of Megan's Law and the determination as to which offenders appear on the Internet registry.



CREDIT(S)


L.2007, c. 227, § 2, eff. April 1, 2008.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-22

Effective: October 19, 2009


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-22. “Excluded sex offender” defined; ”youth serving organization” defined


As used in this act:


“Excluded sex offender” means a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for the commission of a sex offense, as defined in subsection b. of section 2 of P.L.1994, c. 133 (C.2C:7-2), which involves a victim under 18 years of age.


“Youth serving organization” means a sports team, league, athletic association or any other corporation, association or organization, excluding public and nonpublic schools, which provides recreational, educational, cultural, social, charitable or other activities or services to persons under 18 years of age.



CREDIT(S)


L.2009, c. 139, § 1, eff. Oct. 19, 2009.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:7-23

Effective: October 19, 2009


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapter 7. Registration and Notification of Release of Certain Offenders (Refs & Annos)

2C:7-23. Prohibitions upon sex offender participation in any youth serving organization; exceptions


a. Except as otherwise provided in subsection e. of this section, it shall be unlawful for an excluded sex offender to hold a position or otherwise participate, in a paid or unpaid capacity, in a youth serving organization.


b. A person who violates subsection a. of this section is guilty of a crime of the third degree.


c. A person who knowingly hires, engages or appoints an excluded sex offender to serve in a youth serving organization in violation of subsection a. of this section is guilty of a crime of the fourth degree.


d. The provisions of this act shall not apply to participation by an excluded sex offender under 18 years of age in a youth serving organization which provides rehabilitative or other services to juvenile sex offenders.


e. It shall not be a violation of subsection a. of this section for an excluded sex offender to serve in a youth serving organization if the excluded sex offender is under Parole Board supervision and the Parole Board has given express written permission for the excluded sex offender to hold a position or otherwise participate in that particular youth serving organization.


f. Nothing herein shall be construed to authorize an excluded sex offender, as defined in section 1 of P.L.2009, c. 139 (C.2C:7-22), to hold a position or otherwise participate, in a paid or unpaid capacity, in a youth serving organization or any other entity from which the excluded sex offender is otherwise statutorily disqualified.



CREDIT(S)


L.2009, c. 139, § 2, eff. Oct. 19, 2009.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 1, Ch. 8 to 10, Reserved

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 1. General Provisions

Chapters 8 to 10. [Reserved]


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 1, Ch. 11, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-1. Definitions


In chapters 11 through 15, unless a different meaning plainly is required:


a. “Bodily injury” means physical pain, illness or any impairment of physical condition;


b. “Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ;


c. “Deadly weapon” means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury;


d. “Significant bodily injury” means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.



CREDIT(S)


L.1978, c. 95, § 2C:11-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 19, eff. Sept. 1, 1979; L.1981, c. 384, § 1, eff. Jan. 4, 1982; L.1995, c. 307, § 1, eff. Jan. 5, 1996.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-2. Criminal homicide


a. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or, under the circumstances set forth in section 2C:11-5, causes the death of another human being.


b. Criminal homicide is murder, manslaughter or death by auto.



CREDIT(S)


L.1978, c. 95, § 2C:11-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 20, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-2.1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-2.1. Elapse of time between assault and death, prosecution for criminal homicide


The length of time which has elapsed between the initial assault and the death of the victim shall not be a bar to prosecution of the actor for criminal homicide.



CREDIT(S)


L.1979, c. 363, § 1, eff. Feb. 1, 1980.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-3

Effective: December 17, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-3. Murder


a. Except as provided in N.J.S.2C:11-4, criminal homicide constitutes murder when:


(1) The actor purposely causes death or serious bodily injury resulting in death; or


(2) The actor knowingly causes death or serious bodily injury resulting in death; or


(3) It is committed when the actor, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape or terrorism pursuant to section 2 of P.L.2002, c. 26 (C.2C:38-2), and in the course of such crime or of immediate flight therefrom, any person causes the death of a person other than one of the participants; except that in any prosecution under this subsection, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:


(a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and


(b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and


(c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and


(d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.


b. (1) Murder is a crime of the first degree but a person convicted of murder shall be sentenced, except as provided in paragraphs (2), (3) and (4) of this subsection, by the court to a term of 30 years, during which the person shall not be eligible for parole, or be sentenced to a specific term of years which shall be between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole.


(2) If the victim was a law enforcement officer and was murdered while performing his official duties or was murdered because of his status as a law enforcement officer, the person convicted of that murder shall be sentenced by the court to a term of life imprisonment, during which the person shall not be eligible for parole.


(3) A person convicted of murder shall be sentenced to a term of life imprisonment without eligibility for parole if the murder was committed under all of the following circumstances:


(a) The victim is less than 14 years old; and


(b) The act is committed in the course of the commission, whether alone or with one or more persons, of a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3.


(4) Any person convicted under subsection a.(1) or (2) who committed the homicidal act by his own conduct; or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value; or who, as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, commanded or by threat or promise solicited the commission of the offense, or, if the murder occurred during the commission of the crime of terrorism, any person who committed the crime of terrorism, shall be sentenced by the court to life imprisonment without eligibility for parole, which sentence shall be served in a maximum security prison, if a jury finds beyond a reasonable doubt that any of the following aggravating factors exist:


(a) The defendant has been convicted, at any time, of another murder. For purposes of this section, a conviction shall be deemed final when sentence is imposed and may be used as an aggravating factor regardless of whether it is on appeal;


(b) In the commission of the murder, the defendant purposely or knowingly created a grave risk of death to another person in addition to the victim;


(c) The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated assault to the victim;


(d) The defendant committed the murder as consideration for the receipt, or in expectation of the receipt of anything of pecuniary value;


(e) The defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value;


(f) The murder was committed for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another;


(g) The murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, robbery, sexual assault, arson, burglary, kidnapping, carjacking or the crime of contempt in violation of subsection b. of N.J.S.2C:29-9;


(h) The defendant murdered a public servant, as defined in N.J.S.2C:27-1, while the victim was engaged in the performance of his official duties, or because of the victim's status as a public servant;


(i) The defendant: (i) as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, committed, commanded or by threat or promise solicited the commission of the murder or (ii) committed the murder at the direction of a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 in furtherance of a conspiracy enumerated in N.J.S.2C:35-3;


(j) The homicidal act that the defendant committed or procured was in violation of paragraph (1) of subsection a. of N.J.S.2C:17-2;


(k) The victim was less than 14 years old; or


(l) The murder was committed during the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism pursuant to section 2 of P.L.2002, c. 26 (C.2C:38-2).


(5) A juvenile who has been tried as an adult and convicted of murder shall be sentenced pursuant to paragraph (1), (2) or (3) of this subsection.


c. (Deleted by amendment, P.L.2007, c. 204).


d. (Deleted by amendment, P.L.2007, c. 204).


e. (Deleted by amendment, P.L.2007, c. 204).


f. (Deleted by amendment, P.L.2007, c. 204).


g. (Deleted by amendment, P.L.2007, c. 204).


h. (Deleted by amendment, P.L.2007, c. 204).


i. For purposes of this section the term “homicidal act” shall mean conduct that causes death or serious bodily injury resulting in death.


j. In a sentencing proceeding conducted pursuant to this section, the display of a photograph of the victim taken before the homicide shall be permitted.



CREDIT(S)


L.1978, c. 95, § 2C:11-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 21, eff. Sept. 1, 1979; L.1981, c. 290, § 12, eff. Sept. 24, 1981; L.1982, c. 111, § 1, eff. Aug. 6, 1982; L.1985, c. 178, § 2, eff. June 10, 1985; L.1985, c. 478, § 1, eff. Jan. 17, 1986; L.1992, c. 5, § 1, eff. May 12, 1992; L.1992, c. 76, § 1, eff. July 31, 1992; L.1993, c. 27, § 1, eff. Jan. 26, 1993; L.1993, c. 111, § 1, eff. May 5, 1993; L.1993, c. 206, § 1, eff. July 28, 1993; L.1994, c. 132, § 1, eff. Oct. 31, 1994; L.1995, c. 123, § 1, eff. June 19, 1995; L.1996, c. 115, § 1, eff. Jan. 9, 1997; L.1997, c. 60, § 1, eff. April 3, 1997; L.1998, c. 25, § 1, eff. June 12, 1998; L.1999, c. 209, § 1, eff. Sept. 17, 1999; L.1999, c. 294, § 1, eff. Dec. 23, 1999; L.2000, c. 88, § 1, eff. Aug. 22, 2000; L.2002, c. 26, § 10, eff. June 18, 2002; L.2007, c. 204, § 1, eff. Dec. 17, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-3a

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-3a. Rules pertaining to display of certain photographs


The Supreme Court may adopt court rules pertaining to the display of a photograph of a homicide victim in court as permitted in N.J.S.2C:11-3 concerning murder and in section 3 of P.L.1985, c. 249 (C.52:4B-36) concerning other homicide prosecutions. These court rules may include, but shall not be limited to, the following matters to ensure uniformity in all homicide prosecutions:


a. the size of the photograph;


b. the duration of the display;


c. the location of the photograph in the courtroom.



CREDIT(S)


L.1999, c. 294, § 3, eff. Dec. 23, 1999.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-3b

Effective: December 17, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-3b. Resentencing of inmates sentenced to death


An inmate sentenced to death prior to the date of the enactment of this act, [FN1] upon motion to the sentencing court and waiver of any further appeals related to sentencing, shall be resentenced to a term of life imprisonment during which the defendant shall not be eligible for parole. Such sentence shall be served in a maximum security prison.


Any such motion to the sentencing court shall be made within 60 days of the enactment of this act. If the motion is not made within 60 days the inmate shall remain under the sentence of death previously imposed by the sentencing court.



CREDIT(S)


L.2007, c. 204, § 2, eff. Dec. 17, 2007.


[FN1] L.2007, c. 204, approved Dec. 17, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-3c

Effective: December 17, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-3c. Restitution to surviving relatives


In addition to the provisions of any other law requiring restitution, a person convicted of murder pursuant to N.J.S.2C:11-3 shall be required to pay restitution to the nearest surviving relative of the victim. The court shall determine the amount and duration of the restitution pursuant to N.J.S.2C:43-3 and the provisions of chapter 46 of Title 2C of the New Jersey Statutes.



CREDIT(S)


L.2007, c. 204, § 3, eff. Dec. 17, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-4

Effective: January 8, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-4. Manslaughter


a. Criminal homicide constitutes aggravated manslaughter when :


(1) The actor recklessly causes death under circumstances manifesting extreme indifference to human life; or


(2) The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2. Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 which resulted in the death of another person. As used in this paragraph, “actor” shall not include a passenger in a motor vehicle.


b. Criminal homicide constitutes manslaughter when:


(1) It is committed recklessly; or


(2) A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.


c. Aggravated manslaughter under paragraph (1) of subsection a. of this section is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. Aggravated manslaughter under paragraph (2) of subsection a. of this section is a crime of the first degree. Manslaughter is a crime of the second degree.



CREDIT(S)


L.1978, c. 95, § 2C:11-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 21A, eff. Sept. 1, 1979; L.1981, c. 290, § 13, eff. Sept. 24, 1981; L.1986, c. 172, § 1, eff. Dec. 8, 1986; L.1991, c. 341, § 1. eff. Jan. 7, 1992; L.2001, c. 412, § 1, eff. Jan. 8, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-5

Effective: July 18, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-5. Death by vehicular homicide


a. Criminal homicide constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly.


Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Proof that the defendant was driving while intoxicated in violation of R.S.39:4-50 or was operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c. 157 (C.12:7-46) shall give rise to an inference that the defendant was driving recklessly. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c. 310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly. Nothing in this section shall be construed to in any way limit the conduct or conditions that may be found to constitute driving a vehicle or vessel recklessly.


b. Except as provided in paragraph (3) of this subsection, vehicular homicide is a crime of the second degree.


(1) If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the prohibited level as prescribed in R.S.39:4-50, or if the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c. 512 (C.39:4-50.4a), by the Director of the Division of Motor Vehicles pursuant to P.L.1982, c. 85 (C.39:5-30a et seq.), or by the court for a violation of R.S.39:4-96, the defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, during which the defendant shall be ineligible for parole.


(2) The court shall not impose a mandatory sentence pursuant to paragraph (1) of this subsection unless the grounds therefor have been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the level prescribed in R.S.39:4-50 or that the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c. 512 (C.39:4-50.4a), by the Director of the Division of Motor Vehicles pursuant to P.L.1982, c. 85 (C.39:5-30a et seq.), or by the court for a violation of R.S.39:4-96. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.


(3) Vehicular homicide is a crime of the first degree if the defendant was operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) while:


(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;


(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or


(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.


A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c. 101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.


It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of this paragraph that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.


(4) If the defendant was operating the auto or vessel in violation of R.S. 39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a), the defendant's license to operate a motor vehicle shall be suspended for a period of between five years and life, which period shall commence upon completion of any prison sentence imposed upon that person.


c. For good cause shown, the court may, in accepting a plea of guilty under this section, order that such plea not be evidential in any civil proceeding.


d. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for aggravated manslaughter under the provisions of subsection a. of N.J.S.2C:11-4.


As used in this section, “auto or vessel” means all means of conveyance propelled otherwise than by muscular power.


e. Any person who violates paragraph (3) of subsection b. of this section shall forfeit the auto or vessel used in the commission of the offense, unless the defendant can establish at a hearing, which may occur at the time of sentencing, by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information. Forfeiture pursuant to this subsection shall be in addition to, and not in lieu of, civil forfeiture pursuant to chapter 64 of this title.



CREDIT(S)


L.1978, c. 95, § 2C:11-5, eff. Sept. 1, 1979. Amended by L.1981, c. 312, § 1, eff. Dec. 3, 1981; L.1983, c. 39, § 1, eff. Jan. 26, 1983; L.1984, c. 212, § 1, eff. Dec. 13, 1984; L.1985, c. 97, § 1, eff. March 27, 1985; L.1988, c. 75, § 1, eff. Aug. 1, 1988; L.1989, c. 211, § 1, eff. Dec. 29, 1989; L.1991, c. 237, § 1, eff. Aug. 2, 1991; L.1995, c. 285, § 1, eff. Dec. 15, 1995; L.1999, c. 185, § 1; L.2003, c. 143, § 1, eff. Aug. 5, 2003; L.2012, c. 22, § 1, eff. July 18, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-5.1

Effective: May 4, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-5.1. Leaving the scene of a motor vehicle accident


A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the second degree if the accident results in the death of another person.


If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4 or vehicular homicide under the provisions of N.J.S.2C:11-5.


Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4 or for vehicular homicide under the provisions of N.J.S.2C:11-5 and a separate sentence shall be imposed upon each such conviction.


Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, when the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.


For the purposes of this section, neither knowledge of the death nor knowledge of the violation are elements of the offense and it shall not be a defense that the operator of the motor vehicle was unaware of the death or of the provisions of R.S.39:4-129.



CREDIT(S)


L.1997, c. 111, § 1, eff. June 4, 1997. Amended by L.2003, c. 55, § 2, eff. June 1, 2003; L.2007, c. 83, § 1, eff. May 4, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11. Criminal Homicide (Refs & Annos)

2C:11-6. Aiding suicide


A person who purposely aids another to commit suicide is guilty of a crime of the second degree if his conduct causes such suicide or an attempted suicide, and otherwise of a crime of the fourth degree.



CREDIT(S)


L.1978, c. 95, § 2C:11-6, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:11A-1

Effective: January 2, 2004


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 11A. [Human Cloning]

2C:11A-1. Human cloning; first degree crime; definition


A person who knowingly engages or assists, directly or indirectly, in the cloning of a human being is guilty of a crime of the first degree.


As used in this section, “cloning of a human being” means the replication of a human individual by cultivating a cell with genetic material through the egg, embryo, fetal and newborn stages into a new human individual.



CREDIT(S)


L.2003, c. 203, § 3, eff. Jan. 2, 2004.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 1, Ch. 12, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-1

Effective: July 18, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-1. Assault


a. Simple assault. A person is guilty of assault if he:


(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or


(2) Negligently causes bodily injury to another with a deadly weapon; or


(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.


Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.


b. Aggravated assault. A person is guilty of aggravated assault if he:


(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or


(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or


(3) Recklessly causes bodily injury to another with a deadly weapon; or


(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or


(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:


(a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or


(b) Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or


(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or


(d) Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or


(e) Any employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or


(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or


(g) Any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service; or


(h) Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff's officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or


(i) Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c. 224 (C.2A:42-86) or a cable television company subject to the provisions of the “Cable Television Act,” P.L.1972, c. 186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; or


(j) Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes [FN1] to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; or


(k) Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or


(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or


(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or


(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this subsection, “emergency services personnel” shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; or


(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or


(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or


(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.


Aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsections b. (2), b. (7), b. (9) and b. (10) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under subsection b.(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under subsection b. (11) is a crime of the third degree.


c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c. 310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly.


(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) and bodily injury results.


(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) while:


(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;


(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or


(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.


Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.


A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c. 101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this subsection.


It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.


(4) Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results. For purposes of this paragraph, “driving a vehicle in an aggressive manner” shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.


As used in this section, “vessel” means a means of conveyance for travel on water and propelled otherwise than by muscular power.


d. A person who is employed by a facility as defined in section 2 of P.L.1977, c. 239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c. 239 (C.52:27G-2) is guilty of a crime of the fourth degree.


e. (Deleted by amendment, P.L.2001, c. 443).


f. A person who commits a simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree. The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age. It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older. The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event. As used in this act, “school or community sponsored youth sports event” means a competition, practice or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.



CREDIT(S)


L.1978, c. 95, § 2C:12-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 22, eff. Sept. 1, 1979; L.1981, c. 290, § 14, eff. Sept. 24, 1981; L.1983, c. 101, § 1, eff. March 14, 1983; L.1985, c. 97, § 2, eff. March 27, 1985; L.1985, c. 444, § 1, eff. Jan. 13, 1986; L.1990, c. 87, § 1, eff. Aug. 9, 1990; L.1991, c. 237, § 2, eff. Aug. 2, 1991; L.1991, c. 341, § 2, eff. Jan. 7, 1992; L.1993, c. 219, § 2, eff. Aug. 2, 1993; L.1995, c. 6, § 1, eff. Jan. 10, 1995; L.1995, c. 181, § 1, eff. July 24, 1995; L.1995, c. 211, § 1, eff. Aug. 14, 1995; L.1995, c. 307, § 2, eff. Jan. 5, 1996; L.1997, c. 42, § 1, eff. March 27, 1997; L.1997, c. 119, § 1, eff. June 18, 1997; L.1999, c. 77, § 1, eff. April 30, 1999; L.1999, c. 185, § 2; L.1999, c. 281, § 1; L.1999, c. 381, § 1, eff. Jan. 14, 2000; L.2001, c. 215, § 1, eff. Aug. 20, 2001; L.2001, c. 443, § 2, eff. Jan. 11, 2002; L.2002, c. 53, § 1, eff. Aug. 3, 2002; L.2003, c. 218, § 1, eff. Jan. 9, 2004; L.2005, c. 2, § 1, eff. Jan. 19, 2005; L.2006, c. 78, § 2, eff. Aug. 2, 2006; L.2010, c. 109, § 1, eff. Jan. 4, 2011; L.2012, c. 3, § 1, eff. April 20, 2012; L.2012, c. 16, § 6, eff. June 29, 2012; L.2012, c. 22, § 2, eff. July 18, 2012.


[FN1] N.J.S.A. § 26:2H-1 et seq. and N.J.S.A. § 45:1-1 et seq.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-1.1

Effective: May 4, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-1.1. Leaving the scene of a motor vehicle accident


A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the third degree if the accident results in serious bodily injury to another person. The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this section.


If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1.


Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be imposed upon each conviction.


Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.


For the purposes of this section, neither knowledge of the serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of R.S.39:4-129.



CREDIT(S)


L.1997, c. 111, § 2, eff. June 4, 1997. Amended by L.2003, c. 55, § 3, eff. June 1, 2003; L.2007, c. 83, § 2, eff. May 4, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-1.2

Effective: January 8, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-1.2. Endangering an injured victim


a. A person is guilty of endangering an injured victim if he causes bodily injury to any person or solicits, aids, encourages, or attempts or agrees to aid another, who causes bodily injury to any person, and leaves the scene of the injury knowing or reasonably believing that the injured person is physically helpless, mentally incapacitated or otherwise unable to care for himself.


b. As used in this section, the following definitions shall apply:


(1) “Physically helpless” means the condition in which a person is unconscious, unable to flee, or physically unable to summon assistance;


(2) “Mentally incapacitated” means that condition in which a person is rendered temporarily or permanently incapable of understanding or controlling one's conduct, or of appraising or controlling one's condition, which incapacity shall include but is not limited to an inability to comprehend one's own peril;


(3) “Bodily injury” shall have the meaning set forth in N.J.S.2C:11-1.


c. It is an affirmative defense to prosecution for a violation of this section that the defendant summoned medical treatment for the victim or knew that medical treatment had been summoned by another person, and protected the victim from further injury or harm until emergency assistance personnel arrived. This affirmative defense shall be proved by the defendant by a preponderance of the evidence.


d. A person who violates the provisions of this section shall be guilty of a crime of the third degree. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not merge with a conviction of the crime that rendered the person physically helpless or mentally incapacitated, nor shall such other conviction merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence imposed pursuant to this section shall be ordered to be served consecutively to that imposed for any conviction of the crime that rendered the person physically helpless or mentally incapacitated.


e. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for murder, manslaughter, assault or any other offense.



CREDIT(S)


L.2000, c. 174, § 1, eff. Jan. 8, 2001.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-1.3

Effective: January 5, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-1.3. Failure to report the disappearance of a child; degree of offense


a. A parent, guardian, or other person with legal custody of a child who knew or should have known of the disappearance of a child for which that parent, guardian, or other person is responsible who fails to report the missing child to the appropriate law enforcement agency within 24 hours shall be guilty of a crime of the fourth degree.


b. For the purposes of this section, a “missing child” means a person 13 years of age or younger whose whereabouts are not currently known.



CREDIT(S)


L.2011, c. 174, § 2, eff. Jan. 5, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-2

Effective: January 10, 2000


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-2. Recklessly endangering another person


a. A person who purposely or knowingly does any act, including putting up a false light, which results in the loss or destruction of a vessel commits a crime of the third degree.


b. A person commits a crime of the fourth degree if he:


(1) Manufactures or sells a golf ball containing acid or corrosive fluid substance; or


(2) Purposely or knowingly offers, gives or entices any person to take or accept any treat, candy, gift , food, drink or other substance that is intended to be consumed which is poisonous, intoxicating, anesthetizing, tranquilizing, disorienting, deleterious or harmful to the health or welfare of such person, without the knowledge of the other person as to the identity and effect of the substance, except that it is a crime of the third degree if the actor violates the provisions of this paragraph with the purpose to commit or facilitate the commission of another criminal offense.


Notwithstanding the term of imprisonment provided under N.J.S. 2C:43-6, and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime of the fourth degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than six months during which the defendant shall not be eligible for parole. If a person is convicted of a crime of the third degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than eighteen months during which the defendant shall not be eligible for parole. The court may not suspend or make any other noncustodial disposition of that person. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not merge with a conviction for any offense that the defendant intended to commit or facilitate, when the defendant violated the provisions of this section, nor shall any such other conviction merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence for a crime of the third degree imposed pursuant to this paragraph shall be ordered to be served consecutively to that imposed for a conviction of the offense that the defendant intended to commit or facilitate when the defendant violated the provisions of this subsection.



CREDIT(S)


L.1978, c. 95, § 2C:12-2, eff. Sept. 1, 1979. Amended by L.1982, c. 160, § 1, eff. Oct. 28, 1982; L.1999, c. 335, § 1, eff. Jan. 10, 2000.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-3

Effective: June 18, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-3. Terroristic threats


a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.


b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.



CREDIT(S)


L.1978, c. 95, § 2C:12-3, eff. Sept. 1, 1979; L.1981, c. 290, § 15, eff. Sept. 24, 1981. Amended by L.2002, c. 26, § 11, eff. June 18, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-4 to 2C:12-9. Repealed by L.1981, c. 426, § 18, eff. April 9, 1982


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-4 to 2C:12-9. Repealed by L.1981, c. 426, § 18, eff. April 9, 1982


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-4 to 2C:12-9. Repealed by L.1981, c. 426, § 18, eff. April 9, 1982


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-4 to 2C:12-9. Repealed by L.1981, c. 426, § 18, eff. April 9, 1982


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-4 to 2C:12-9. Repealed by L.1981, c. 426, § 18, eff. April 9, 1982


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-4 to 2C:12-9. Repealed by L.1981, c. 426, § 18, eff. April 9, 1982


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-10

Effective: March 21, 2009


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-10. Stalking


a. As used in this act:


(1) “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.


(2) “Repeatedly” means on two or more occasions.


(3) “Emotional distress” means significant mental suffering or distress.


(4) “Cause a reasonable person to fear” means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.


b. A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.


c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.


d. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.


e. A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.


f. This act shall not apply to conduct which occurs during organized group picketing.



CREDIT(S)


L.1992, c. 209, § 1, eff. Jan. 5, 1993. Amended by L.1996, c. 39, § 1, eff. June 20, 1996; L.1998, c. 17, § 3, eff. May 6, 1998; L.1999, c. 47, § 1, eff. March 12, 1999; L.2001, c. 220, § 2, eff. Aug. 24, 2001; L.2009, c. 28, § 1, eff. March 21, 2009.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-10.1

Effective: March 17, 2010


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-10.1. Stalking conviction to operate as application for permanent restraining order; hearing; dissolution of order; notice; violations


a. A judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked.


b. A hearing shall be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise. This hearing shall be in Superior Court. A permanent restraining order may grant the following specific relief:


(1) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim.


(2) An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact, or contact via electronic device, with the victim, the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim. As used in this paragraph, “communication” shall have the same meaning as defined in subsection q. of N.J.S. 2C:1-14.


c. The permanent restraining order entered by the court subsequent to a conviction for stalking as provided in this act may be dissolved upon the application of the stalking victim to the court which granted the order.


d. Notice of permanent restraining orders issued pursuant to this act shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.


e. Any permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.


f. A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules. Nothing in this act shall preclude the filing of a criminal complaint for stalking based on the same act which is the basis for the violation of the permanent restraining order.



CREDIT(S)


L.1996, c. 39, § 3, eff. June 20, 1996. Amended by L.2009, c. 232, § 1, eff. March 17, 2010.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-10.2

Effective: March 17, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-10.2. Stalking of children and persons incapable of understanding due to mental disease or defect; restraining order


a. In any case involving an allegation of stalking where the victim is a child under the age of 18 years or is developmentally disabled as defined in section 3 of P.L.1977, c. 200 (C.5:5-44.4) or where the victim is 18 years of age or older and has a mental disease or defect which renders the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent, the court may issue a temporary restraining order against the defendant which limits the contact of the defendant and the victim.


b. The provisions of subsection a. of this section are in addition to, and not in lieu of, the provisions of section 3 of P.L.1996, c. 39 (C.2C:12-10.1) which provide that a judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim.


c. The parent or guardian of the child or the person described in subsection a. of this section may file a complaint with the Superior Court in conformity with the rules of court seeking a temporary restraining order against a person alleged to have committed stalking against the child or the person described in subsection a. of this section. The parent or guardian may seek emergency, ex parte relief. A decision shall be made by the judge regarding the emergency relief forthwith. If it appears that the child or the person described in subsection a. of this section is in danger of being stalked by the defendant, the judge shall issue a temporary restraining order pursuant to subsection e. of this section.


d. A conviction of stalking shall not be a prerequisite for the grant of a temporary restraining order under this act.


e. A temporary restraining order issued under this act shall limit the contact of the defendant and the child or the person described in subsection a. of this section who was stalked and in addition may grant all other relief specified in section 3 of P.L.1996, c. 39 (C.2C:12-10.1).


f. A hearing shall be held in the Superior Court within 10 days of the issuance of any temporary restraining order which was issued on an emergency, ex parte basis. A copy of the complaint shall be served on the defendant in conformity with the rules of court. At the hearing the standard for continuing the temporary restraining order shall be by a preponderance of the evidence.


g. If the court rules that the temporary restraining order shall be continued, the order shall remain in effect until either:


(1) the defendant is convicted of stalking, in which case the court shall hold a hearing on the issue of whether a permanent restraining order shall be entered pursuant to section 3 of P.L.1996, c. 39 (C.2C:12-10.1); or


(2) the victim's parent or guardian or, in the case of a victim who has reached the age of 18, the victim, requests that the restraining order be dismissed and the court finds just cause to do so.



CREDIT(S)


L.1999, c. 47, § 2, eff. March 12, 1999. Amended by L.2011, c. 232, § 1, eff. March 17, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-11

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-11. Disarming law enforcement or corrections officer


a. A person who knowingly takes or attempts to exercise unlawful control over a firearm or other weapon in the possession of a law enforcement or corrections officer when that officer is acting in the performance of his duties, and either is in uniform or exhibits evidence of his authority, is guilty of a crime of the second degree.


b. A person violating the provisions of subsection a. of this section shall be guilty of a crime of the first degree if:


(1) The person fires or discharges the firearm;


(2) The person uses or threatens to use the firearm or weapon against the officer or any other person; or


(3) The officer or another person suffers serious bodily injury.



CREDIT(S)


L.1996, c. 14, § 1, eff. April 11, 1996.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-12

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-12. Definitions


As used in this act:


“Bodily fluid” means saliva, blood, urine, feces, seminal fluid or any other bodily fluid.


“Department of Corrections employee” means any corrections officer, parole officer or other employee of the New Jersey Department of Corrections and any person under contract to provide services to the department.



CREDIT(S)


L.1997, c. 182, § 1, eff. Aug. 1, 1997.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:12-13

Effective: January 14, 2004


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 12. Assault; Reckless Endangering; Threats (Refs & Annos)

2C:12-13. Throwing bodily fluid at certain enumerated law enforcement employees


A person who throws a bodily fluid at a Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, probation officer, any sheriff, undersheriff or sheriff's officer or any municipal, county or State law enforcement officer while in the performance of his duties or otherwise purposely subjects such employee to contact with a bodily fluid commits an aggravated assault. If the victim suffers bodily injury, this shall be a crime of the third degree. Otherwise, this shall be a crime of the fourth degree. A term of imprisonment imposed for this offense shall run consecutively to any term of imprisonment currently being served and to any other term imposed for another offense committed at the time of the assault. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation or attempted violation of chapter 11 of Title 2C of the New Jersey Statutes or subsection b. of N.J.S.2C:12-1 or any other provision of the criminal laws.



CREDIT(S)


L.1997, c. 182, § 2, eff. Aug. 1, 1997. Amended by L.1999, c. 429, § 1, eff. Jan. 18, 2000; L.2003, c. 283, § 1, eff. Jan. 14, 2004.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 1, Ch. 13, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:13-1

Effective: June 29, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion (Refs & Annos)

2C:13-1. Kidnapping


a. Holding for ransom, reward, or as a hostage. A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.


b. Holding for other purposes. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:


(1) To facilitate commission of any crime or flight thereafter;


(2) To inflict bodily injury on or to terrorize the victim or another;


(3) To interfere with the performance of any governmental or political function; or


(4) To permanently deprive a parent, guardian, or other lawful custodian of custody of the victim.


c. Grading of kidnapping. (1) Except as provided in paragraph (2) of this subsection, kidnapping is a crime of the first degree and upon conviction thereof, a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 and 30 years. If the actor releases the victim unharmed and in a safe place prior to apprehension, it is a crime of the second degree.


(2) Kidnapping is a crime of the first degree and upon conviction thereof, an actor shall be sentenced to a term of imprisonment by the court, if the victim of the kidnapping is less than 16 years of age and if during the kidnapping:


(a) A crime under N.J.S.2C:14-2 or subsection a. of N.J.S.2C:14-3 is committed against the victim;


(b) A crime under subsection b. of N.J.S.2C:24-4 is committed against the victim; or


(c) The actor sells or delivers the victim to another person for pecuniary gain other than in circumstances which lead to the return of the victim to a parent, guardian or other person responsible for the general supervision of the victim.


Notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S. 2C:43-6, the term of imprisonment imposed under this paragraph shall be either a term of 25 years during which the actor shall not be eligible for parole, or a specific term between 25 years and life imprisonment, of which the actor shall serve 25 years before being eligible for parole; provided, however, that the crime of kidnapping under this paragraph and underlying aggravating crimes listed in subparagraph (a), (b), or (c) of this paragraph shall merge for purposes of sentencing. If the actor is convicted of the criminal homicide of a victim of a kidnapping under the provisions of chapter 11, any sentence imposed under provisions of this paragraph shall be served consecutively to any sentence imposed pursuant to the provisions of chapter 11.


d. “Unlawful” removal or confinement. A removal or confinement is unlawful within the meaning of this section and of sections 2C:13-2 and 2C:13-3, if it is accomplished by force, threat, or deception, or, in the case of a person who is under the age of 14 or is incompetent, if it is accomplished without the consent of a parent, guardian, or other person responsible for general supervision of his welfare.


e. It is an affirmative defense to a prosecution under paragraph (4) of subsection b. of this section, which must be proved by clear and convincing evidence, that:


(1) The actor reasonably believed that the action was necessary to preserve the victim from imminent danger to his welfare. However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a victim under his protection, give notice of the victim's location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Child Protection and Permanency in the Department of Children and Families;


(2) The actor reasonably believed that the taking or detaining of the victim was consented to by a parent, or by an authorized State agency; or


(3) The victim, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition by his parent and without purpose to commit a criminal offense with or against the victim.


f. It is an affirmative defense to a prosecution under paragraph (4) of subsection b. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:


(1) Gives notice of the victim's location to the police department of the municipality where the victim resided, the office of the county prosecutor in the county where the victim resided, or the Division of Child Protection and Permanency in the Department of Children and Families; or


(2) Commences an action affecting custody in an appropriate court.


g. As used in subsections e. and f. of this section, “parent” means a parent, guardian or other lawful custodian of a victim.



CREDIT(S)


L.1978, c. 95, § 2C:13-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 23, eff. Sept. 1, 1979; L.1986, c. 172, § 2, eff. Dec. 8, 1986; L.1999, c. 190, § 1, eff. Aug. 31, 1999; L.2006, c. 47, § 24, eff. July 1, 2006; L.2012, c. 16, § 7, eff. June 29, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:13-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion (Refs & Annos)

2C:13-2. Criminal restraint


A person commits a crime of the third degree if he knowingly:


a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or


b. Holds another in a condition of involuntary servitude.


The creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall for purposes of this section be deemed to be a holding in a condition of involuntary servitude.


In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative or legal guardian of such child and his sole purpose was to assume control of such child.



CREDIT(S)


L.1978, c. 95, § 2C:13-2, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:13-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion (Refs & Annos)

2C:13-3. False imprisonment


A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.



CREDIT(S)


L.1978, c. 95, § 2C:13-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 24, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:13-4

Effective: June 29, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion (Refs & Annos)

2C:13-4. Interference with custody


a. Custody of children. A person, including a parent, guardian, or other lawful custodian, is guilty of interference with custody if he:


(1) Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child's other parent of custody or parenting time with the minor child; or


(2) After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices, or conceals the child within or outside the State for the purpose of depriving the child's other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State; or


(3) After being served with process or having actual knowledge of an action affecting the protective services needs of a child pursuant to Title 9 of the Revised Statutes in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices, or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State; or


(4) After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices, or conceals a minor child from the other parent in violation of the custody or parenting time order.


Interference with custody is a crime of the second degree if the child is taken, detained, enticed, or concealed: (i) outside the United States or (ii) for more than 24 hours. Otherwise, interference with custody is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply.


b. Custody of committed persons. A person is guilty of a crime of the fourth degree if he knowingly takes or entices any committed person away from lawful custody when he is not privileged to do so. “Committed person” means, in addition to anyone committed under judicial warrant, any orphan, neglected, or delinquent child, person with a mental disease, defect, or illness, or other dependent or incompetent person, entrusted to another's custody by or through a recognized social agency or otherwise by authority of law.


c. It is an affirmative defense to a prosecution under subsection a. of this section, which must be proved by clear and convincing evidence, that:


(1) The actor reasonably believed that the action was necessary to preserve the child from imminent danger to his welfare. However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a child under his protection, give notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Child Protection and Permanency in the Department of Children and Families;


(2) The actor reasonably believed that the taking or detaining of the minor child was consented to by the other parent, or by an authorized State agency; or


(3) The child, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition and without purpose to commit a criminal offense with or against the child.


d. It is an affirmative defense to a prosecution under subsection a. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:


(1) Gives notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Child Protection and Permanency in the Department of Children and Families; or


(2) Commences an action affecting custody in an appropriate court.


e. The offenses enumerated in this section are continuous in nature and continue for so long as the child is concealed or detained.


f. (1) In addition to any other disposition provided by law, a person convicted under subsection a. of this section shall make restitution of all reasonable expenses and costs, including reasonable counsel fees, incurred by the other parent in securing the child's return.


(2) In imposing sentence under subsection a. of this section the court shall consider, in addition to the factors enumerated in chapter 44 of Title 2C of the New Jersey Statutes:


(a) Whether the person returned the child voluntarily; and


(b) The length of time the child was concealed or detained.


g. As used in this section, “parent” means a parent, guardian or other lawful custodian of a minor child.



CREDIT(S)


L.1978, c. 95, § 2C:13-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 25, eff. Sept. 1, 1979; L.1982, c. 199, § 1, eff. Dec. 13, 1982; L.1990, c. 104, § 1, eff. Nov. 14, 1990; L.1997, c. 299, § 7, eff. Jan. 8, 1998; L.1999, c. 190, § 2, eff. Aug. 31, 1999; L.2006, c. 47, § 25, eff. July 1, 2006; L.2011, c. 232, § 2, eff. March 17, 2012; L.2012, c. 16, § 8, eff. June 29, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:13-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion (Refs & Annos)

2C:13-5. Criminal coercion


a. Offense defined. A person is guilty of criminal coercion if, with purpose unlawfully to restrict another's freedom of action to engage or refrain from engaging in conduct, he threatens to:


(1) Inflict bodily injury on anyone or commit any other offense;


(2) Accuse anyone of an offense;


(3) Expose any secret which would tend to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;


(4) Take or withhold action as an official, or cause an official to take or withhold action;


(5) Bring about or continue a strike, boycott or other collective action, except that such a threat shall not be deemed coercive when the restriction compelled is demanded in the course of negotiation for the benefit of the group in whose interest the actor acts;


(6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or


(7) Perform any other act which would not in itself substantially benefit the actor but which is calculated to substantially harm another person with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.


It is an affirmative defense to prosecution based on paragraphs (2), (3), (4), (6) and (7) that the actor believed the accusation or secret to be true or the proposed official action justified and that his purpose was limited to compelling the other to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure or proposed official action, as by desisting from further misbehavior, making good a wrong done, or refraining from taking any action or responsibility for which the actor believes the other disqualified.


b. Grading. Criminal coercion is a crime of the fourth degree unless the threat is to commit a crime more serious than one of the fourth degree or the actor's purpose is criminal, in which cases the offense is a crime of the third degree.



CREDIT(S)


L.1978, c. 95, § 2C:13-5, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:13-6

Effective: January 13, 2008


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion (Refs & Annos)

2C:13-6 Luring, enticing child by various means, attempts; crime of second degree; subsequent offense, mandatory imprisonment.


a. A person commits a crime of the second degree if he attempts, via electronic or any other means, to lure or entice a child or one who he reasonably believes to be a child into a motor vehicle, structure or isolated area, or to meet or appear at any other place, with a purpose to commit a criminal offense with or against the child.


b. As used in this section:


“Child” means a person less than 18 years old.


“Electronic means” includes, but is not limited to, the Internet, which shall have the meaning set forth in N.J.S.2C:24-4.


“Structure” means any building, room, ship, vessel or airplane and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.


c. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for attempted kidnapping under the provisions of N.J.S.2C:13-1.


d. A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of one-third to one-half of the sentence imposed, or three years, whichever is greater, during which time the defendant shall not be eligible for parole. If the person is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.


For the purposes of this section, an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to this section, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to this section.


e. A person convicted of an offense under this section who has previously been convicted of a violation of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of five years, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this section.


For the purposes of this subsection, an offense is considered a previous conviction of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 if the actor has at any time been convicted under any of these sections or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to any of these sections.


f. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of this section and any other criminal offense. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this section.



CREDIT(S)


L.1993, c. 291, § 1, eff. Dec. 21, 1993. Amended by L.1994, c. 91, § 1, eff. Aug. 9, 1994; L.1999, c. 277, § 1, eff. Dec. 3, 1999; L.2001, c. 233, § 1, eff. Aug. 27, 2001; L.2003, c. 229, § 1, eff. Jan. 9, 2004; L.2007, c. 273, § 1, eff. Jan. 13, 2008.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:13-7

Effective: January 13, 2008


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion (Refs & Annos)

2C:13-7. Luring or enticing adult by electronic or any other means to commit criminal offense with or against person lured or enticed or against any other person; crime of third degree; definition; merger of convictions; separate sentences


a. A person commits a crime of the third degree if he attempts, via electronic or any other means, to lure or entice a person into a motor vehicle, structure or isolated area, or to meet or appear at any place, with a purpose to commit a criminal offense with or against the person lured or enticed or against any other person.


b. As used in this section:


“Electronic means” includes, but is not limited to, the Internet, which shall have the meaning set forth in N.J.S.2C:24-4.


“Structure” shall have the meaning set forth in P.L.1993, c. 291 (C.2C:13-6).


c. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for attempted kidnapping under the provisions of N.J.S.2C:13-1 or for any other crime or offense.


d. A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of one-third to one-half of the sentence imposed, or one year, whichever is greater, during which time the defendant shall not be eligible for parole. If the person is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a minimum term of one-third to one-half of the sentence imposed, or five years, whichever is greater. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section.


For the purposes of this section, an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to this section, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to this section.


e. A person convicted of an offense under this section who has previously been convicted of a violation of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 shall be sentenced to a term of imprisonment. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term of three years, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this section.


For the purposes of this subsection, an offense is considered a previous conviction of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4 if the actor has at any time been convicted under any of these sections or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to any of these sections.


f. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a conviction under this section shall not merge with a conviction of any other criminal offense, nor shall such other conviction merge with a conviction under this section, and the court shall impose separate sentences upon each violation of this section and any other criminal offense. The court may not suspend or make any other non-custodial disposition of any person sentenced pursuant to this section.



CREDIT(S)


L.2005, c. 1, § 1, eff. Jan. 18, 2005. Amended by L.2007, c. 273, § 2, eff. Jan. 13, 2008.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:13-8

Effective: April 26, 2005


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 13. Kidnapping and Related Offenses: Coercion (Refs & Annos)

2C:13-8. Human trafficking


a. A person commits the crime of human trafficking if he:


(1) knowingly holds, recruits, lures, entices, harbors, transports, provides or obtains, by any means, another, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1 or to provide labor or services:


(a) by threats of serious bodily harm or physical restraint against the person or any other person;


(b) by means of any scheme, plan or pattern intended to cause the person to believe that the person or any other person would suffer serious bodily harm or physical restraint;


(c) by committing a violation of N.J.S.2C:13-5 against the person; or


(d) by destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document as defined in section 1 of P.L.1997, c. 1 (C.2C:21-31), or other document issued by a governmental agency to any person which could be used as a means of verifying the person's identity or age or any other personal identifying information; or


(e) by means of the abuse or threatened abuse of the law or legal process; or


(2) receives anything of value from participation as an organizer, supervisor, financier or manager in a scheme or course of conduct which violates paragraph (1) of this subsection.


b. An offense under this section constitutes a crime of the first degree.


c. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense of human trafficking created by this section, the defendant was a victim of human trafficking.


d. Notwithstanding the provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime of the first degree under paragraph (2) of subsection a. shall be either a term of 20 years during which the actor shall not be eligible for parole, or a specific term between 20 years and life imprisonment, of which the actor shall serve 20 years before being eligible for parole.


e. In addition to any other disposition authorized by law, any person who violates the provisions of this section shall be sentenced to make restitution to any victim. The court shall award to the victim restitution which is the greater of:


(1) the gross income or value to the defendant of the victim's labor or services; or


(2) the value of the victim's labor or services as determined by the “New Jersey Prevailing Wage Act,” P.L.1963, c. 150 (C.34:11-56.25 et seq.), the “ New Jersey State Wage and Hour Law,” P.L.1966, c. 113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c. 71 (C.34:9A-1 et seq.), the laws concerning the regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable State law, and the “Fair Labor Standards Act of 1938,” 29 U.S.C. s.201 et seq. or any other applicable federal law.



CREDIT(S)


L.2005, c. 77, § 1, eff. April 26, 2005.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 1, Ch. 14, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-1

Effective: March 17, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-1. Definitions


The following definitions apply to this chapter:


a. “Actor” means a person accused of an offense proscribed under this act;


b. “Victim” means a person alleging to have been subjected to offenses proscribed by this act;


c. “Sexual penetration” means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction. The depth of insertion shall not be relevant as to the question of commission of the crime;


d. “Sexual contact” means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present;


e. “Intimate parts” means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person;


f. “Severe personal injury” means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain;


g. “Physically helpless” means that condition in which a person is unconscious or is physically unable to flee or is physically unable to communicate unwillingness to act;


h. (Deleted by amendment, P.L.2011, c. 232)


i. “Mentally incapacitated” means that condition in which a person is rendered temporarily incapable of understanding or controlling his conduct due to the influence of a narcotic, anesthetic, intoxicant, or other substance administered to that person without his prior knowledge or consent, or due to any other act committed upon that person which rendered that person incapable of appraising or controlling his conduct;


j. “Coercion” as used in this chapter shall refer to those acts which are defined as criminal coercion in section 2C:13-5(1), (2), (3), (4), (6) and (7).



CREDIT(S)


L.1978, c. 95, § 2C:14-1, eff. Sept. 1, 1979. Amended by L.1983, c. 249, § 1, eff. July 7, 1983; L.1989, c. 228, § 2, eff. Dec. 29, 1989; L.2011, c. 232, § 3, eff. March 17, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-2

Effective: March 17, 2012


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-2. Sexual assault


a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:


(1) The victim is less than 13 years old;


(2) The victim is at least 13 but less than 16 years old; and


(a) The actor is related to the victim by blood or affinity to the third degree, or


(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or


(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;


(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;


(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;


(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;


(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;


(7) The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.


Aggravated sexual assault is a crime of the first degree.


b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.


c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:


(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;


(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;


(3) The victim is at least 16 but less than 18 years old and:


(a) The actor is related to the victim by blood or affinity to the third degree; or


(b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or


(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;


(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.


Sexual assault is a crime of the second degree.



CREDIT(S)


L.1978, c. 95, § 2C:14-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 26, eff. Sept. 1, 1979; L.1983, c. 249, § 2, eff. July 7, 1983; L.1989, c. 228, § 3, eff. Dec. 29, 1989; L.1997, c. 194, § 1, eff. Aug. 8, 1997; L.2001, c. 60, § 1, eff. April 19, 2001; L.2004, c. 130, § 13, eff. Aug. 27, 2004; L.2011, c. 232, § 4, eff. March 17, 2012.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-2.1

Effective: August 1, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-2.1. Right of victim to consult with prosecuting authority


Whenever there is a prosecution for a violation of N.J.S.A.2C: 14-2, the victim of the sexual assault shall be provided an opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations.


Nothing contained herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate.



CREDIT(S)


L.2003, c. 137, § 1, eff. Aug. 1, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-3. Criminal sexual contact


a. An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2a. (2) through (7).


Aggravated criminal sexual contact is a crime of the third degree.


b. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2c. (1) through (4).


Criminal sexual contact is a crime of the fourth degree.



CREDIT(S)


L.1978, c. 95, § 2C:14-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 27, eff. Sept. 1, 1979; L.1997, c. 194, § 2, eff. Aug. 8, 1997.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-4. Lewdness


a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.


b. A person commits a crime of the fourth degree if:


(1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.


(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.


c. As used in this section:


“lewd acts” shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.



CREDIT(S)


L.1978, c. 95, § 2C:14-4, eff. Sept. 1, 1979. Amended by L.1992, c. 8, § 1, eff. May 13, 1992.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-5. Provisions generally applicable to Chapter 14


a. The prosecutor shall not be required to offer proof that the victim resisted, or resisted to the utmost, or reasonably resisted the sexual assault in any offense proscribed by this chapter.


b. No actor shall be presumed to be incapable of committing a crime under this chapter because of age or impotency or marriage to the victim.


c. It shall be no defense to a prosecution for a crime under this chapter that the actor believed the victim to be above the age stated for the offense, even if such a mistaken belief was reasonable.



CREDIT(S)


L.1978, c. 95, § 2C:14-5, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-6. Sentencing


If a person is convicted of a second or subsequent offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any similar statute of the United States, this state, or any other state for an offense that is substantially equivalent to sections 2C:14-2 or 2C:14-3a.



CREDIT(S)


L.1978, c. 95, § 2C:14-6, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-7

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-7. Admissibility of evidence


a. In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of a child in violation of N.J.S. 2C:24-4 or the fourth degree crime of lewdness in violation of subsection b. of N.J.S. 2C:14-4, evidence of the victim's previous sexual conduct shall not be admitted nor reference made to it in the presence of the jury except as provided in this section. When the defendant seeks to admit such evidence for any purpose, the defendant must apply for an order of the court before the trial or preliminary hearing, except that the court may allow the motion to be made during trial if the court determines that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence. After the application is made, the court shall conduct a hearing in camera to determine the admissibility of the evidence. If the court finds that evidence offered by the defendant regarding the sexual conduct of the victim is relevant and highly material and meets the requirements of subsections c. and d. of this section and that the probative value of the evidence offered substantially outweighs its collateral nature or the probability that its admission will create undue prejudice, confusion of the issues, or unwarranted invasion of the privacy of the victim, the court shall enter an order setting forth with specificity what evidence may be introduced and the nature of the questions which shall be permitted, and the reasons why the court finds that such evidence satisfies the standards contained in this section. The defendant may then offer evidence under the order of the court.


b. In the absence of clear and convincing proof to the contrary, evidence of the victim's sexual conduct occurring more than one year before the date of the offense charged is presumed to be inadmissible under this section.


c. Evidence of previous sexual conduct with persons other than the defendant which is offered by any lay or expert witness shall not be considered relevant unless it is material to proving the source of semen, pregnancy or disease.


d. Evidence of the victim's previous sexual conduct with the defendant shall be considered relevant if it is probative of whether a reasonable person, knowing what the defendant knew at the time of the alleged offense, would have believed that the alleged victim freely and affirmatively permitted the sexual behavior complained of.


e. Evidence of the manner in which the victim was dressed at the time an offense was committed shall not be admitted unless such evidence is determined by the court to be relevant and admissible in the interest of justice, after an offer of proof by the proponent of such evidence outside the hearing of the jury or at such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination. A statement by the court of its findings shall also be included in the record.


f. For the purposes of this section, “sexual conduct” shall mean any conduct or behavior relating to sexual activities of the victim, including but not limited to previous or subsequent experience of sexual penetration or sexual contact, use of contraceptives, sexual activities reflected in gynecological records, living arrangement and life style.



CREDIT(S)


L.1978, c. 95, § 2C:14-7, eff. Sept. 1, 1979. Amended by L.1988, c. 69, § 1, eff. July 20, 1988; L.1994, c. 95, § 1, eff. Aug. 11, 1994; L.1995, c. 237, § 1, eff. Aug. 29, 1995.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-8. Juveniles in need of supervision (J.I.N.S.) law not affected


Nothing in this chapter shall be deemed to limit the jurisdiction of the court under P.L.1973, c. 306 (C. 2A:4-42 et seq.).



CREDIT(S)


L.1979, c. 178, § 27A, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-9

Effective: January 8, 2004


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-9. Observation of sexual contact; reproduction or disclosure of images of sexual contact; dressing rooms; defenses


a. An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person's consent and under circumstances in which a reasonable person would not expect to be observed.


b. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed.


c. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure. For purposes of this subsection, “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.


d. It is an affirmative defense to a crime under this section that:


(1) the actor posted or otherwise provided prior notice to the person of the actor's intent to engage in the conduct specified in subsection a., b., or c., and


(2) the actor acted with a lawful purpose.


e. (1) It shall not be a violation of subsection a. or b. to observe another person in the access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of such person, if the actor conspicuously posts at the entrance to the fitting room or dressing room prior notice of his intent to make the observations, photographs, films, videotapes, recordings or other reproductions.


(2) It shall be a violation of subsection c. to disclose in any manner any such photograph, film, videotape or recording of another person using a fitting room or dressing room except under the following circumstances:


(a) to law enforcement officers in connection with a criminal prosecution;


(b) pursuant to subpoena or court order for use in a legal proceeding; or


(c) to a co-worker, manager or supervisor acting within the scope of his employment.


f. It shall be a violation of subsection a. or b. to observe another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of another person in a private dressing stall of a fitting room or dressing room.


g. For purposes of this act, a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his duties shall be deemed to be licensed or privileged to make and to disclose observations, photographs, films, videotapes, recordings or any other reproductions.


h. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection b. of this section shall not merge with a conviction under subsection c. of this section, nor shall a conviction under subsection c. merge with a conviction under subsection b.



CREDIT(S)


L.2003, c. 206, § 1, eff. Jan. 8, 2004.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-10

Effective: April 26, 2005


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-10. Penalties assessed against sex offenders; amounts; “Sex Crime Victim Treatment Fund”


a. In addition to any fine, fee, assessment or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of a sex offense, as defined in section 2 of P.L.1994, c. 133 (C.2C:7-2), shall be assessed a penalty for each such offense not to exceed:


(1) $2,000, when the conviction is a crime of the first degree;


(2) $1,000, when the conviction is a crime of the second degree;


(3) $750, when the conviction is a crime of the third degree; and


(4) $500, when the conviction is a crime of the fourth degree.


b. All penalties provided for in this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c. 396 (C.2C:46-4), and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section.


c. All moneys collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in the “Sex Crime Victim Treatment Fund” established in the State Treasury by section 2 of P.L.2005, c. 73 (C.52:4B-43.2).



CREDIT(S)


L.2005, c. 73, § 1, eff. April 26, 2005.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-11

Effective: August 6, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-11. Sex offense defined; victim defined


As used in this act:


“Sex offense” means a sex offense as defined in subsection b. of section 2 of P.L.1994, c. 133 (C.2C:7-2).


“Victim” means a “victim” as defined in N.J.S.2C:14-1.



CREDIT(S)


L.2007, c. 133, § 1, eff. Aug. 6, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:14-12

Effective: August 6, 2007


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 14. Sexual Offenses (Refs & Annos)

2C:14-12. Conditional release from custody; contents of order; confidentiality of victim's location


a. When a defendant charged with a sex offense is released from custody before trial on bail or personal recognizance, the court authorizing the release may, as a condition of release, issue an order prohibiting the defendant from having any contact with the victim including, but not limited to, restraining the defendant from entering the victim's residence, place of employment or business, or school, and from harassing or stalking the victim or the victim's relatives in any way.


b. The written court order releasing the defendant shall contain the court's directives specifically restricting the defendant's ability to have contact with the victim or the victim's friends, co-workers or relatives. The clerk of the court or other person designated by the court shall provide a copy of this order to the victim forthwith.


c. The victim's location shall remain confidential and shall not appear on any documents or records to which the defendant has access.



CREDIT(S)


L.2007, c. 133, § 2, eff. Aug. 6, 2007.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 1, Ch. 15, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 15. Robbery


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:15-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 15. Robbery (Refs & Annos)

2C:15-1. Robbery


a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:


(1) Inflicts bodily injury or uses force upon another; or


(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or


(3) Commits or threatens immediately to commit any crime of the first or second degree.


An act shall be deemed to be included in the phrase “in the course of committing a theft” if it occurs in an attempt to commit theft or in immediate flight after the attempt or commission.


b. Grading. Robbery is a crime of the second degree, except that it is a crime of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury, or is armed with, or uses or threatens the immediate use of a deadly weapon.



CREDIT(S)


L.1979, c. 178, § 28, eff. Sept. 1, 1979. Amended by L.1981, c. 22, § 1, eff. Feb. 6, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:15-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 15. Robbery (Refs & Annos)

2C:15-2. Carjacking


a. Carjacking defined. A person is guilty of carjacking if in the course of committing an unlawful taking of a motor vehicle, as defined in R.S.39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he:


(1) inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle;


(2) threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury;


(3) commits or threatens immediately to commit any crime of the first or second degree; or


(4) operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle.


An act shall be deemed to be “in the course of committing an unlawful taking of a motor vehicle” if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission.


b. Grading. Carjacking is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. A person convicted of carjacking shall be sentenced to a term of imprisonment and that term of imprisonment shall include the imposition of a minimum term of at least five years during which the defendant shall be ineligible for parole.



CREDIT(S)


L.1993, c. 221, § 1, eff. Aug. 4, 1993.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 1, Ch. 16, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 16. Bias Crimes


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:16-1

Effective: March 13, 2008


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 1. Offenses Involving Danger to the Person

Chapter 16. Bias Crimes (Refs & Annos)

2C:16-1. Bias intimidation


a. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4 or N.J.S.2C:39-5,


(1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or


(2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or


(3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.


b. Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.


c. Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.


d. Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.


e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense.


f. Additional Penalties. In addition to any fine imposed pursuant to N. J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person convicted of bias intimidation to one or more of the following:


(1) complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights;


(2) complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; and


(3) make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation.


g. As used in this section “gender identity or expression” means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.


h. It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim.



CREDIT(S)


L.2001, c. 443, § 1, eff. Jan. 11, 2002. Amended by L.2007, c. 303, § 1, eff. March 13, 2008.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 2, Ch. 17, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-1. Arson and related offenses


a. Aggravated arson. A person is guilty of aggravated arson, a crime of the second degree, if he starts a fire or causes an explosion, whether on his own property or another's:


(1) Thereby purposely or knowingly placing another person in danger of death or bodily injury; or


(2) With the purpose of destroying a building or structure of another; or


(3) With the purpose of collecting insurance for the destruction or damage to such property under circumstances which recklessly place any other person in danger of death or bodily injury; or


(4) With the purpose of destroying or damaging a structure in order to exempt the structure, completely or partially, from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment under circumstances which recklessly place any other person in danger of death or bodily injury; or


(5) With the purpose of destroying or damaging any forest.


b. Arson. A person is guilty of arson, a crime of the third degree, if he purposely starts a fire or causes an explosion, whether on his own property or another's:


(1) Thereby recklessly placing another person in danger of death or bodily injury; or


(2) Thereby recklessly placing a building or structure of another in danger of damage or destruction; or


(3) With the purpose of collecting insurance for the destruction or damage to such property; or


(4) With the purpose of destroying or damaging a structure in order to exempt the structure, completely or partially, from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment ; or


(5) Thereby recklessly placing a forest in danger of damage or destruction.


c. Failure to control or report dangerous fire. A person who knows that a fire is endangering life or a substantial amount of property of another and either fails to take reasonable measures to put out or control the fire, when he can do so without substantial risk to himself, or to give prompt fire alarm, commits a crime of the fourth degree if:


(1) He knows that he is under an official, contractual, or other legal duty to prevent or combat the fire; or


(2) The fire was started, albeit lawfully, by him or with his assent, or on property in his custody or control.


d. Any person who, directly or indirectly, pays or accepts or offers to pay or accept any form of consideration including, but not limited to, money or any other pecuniary benefit, regardless of whether any consideration is actually exchanged for the purpose of starting a fire or causing an explosion in violation of this section commits a crime of the first degree.


e. Notwithstanding the provisions of any section of this Title to the contrary, if a person is convicted of aggravated arson pursuant to the provisions of subsection a. of this section and the structure which was the target of the offense was a health care facility or a physician's office, the sentence imposed shall include a term of imprisonment. The court may not suspend or make any other noncustodial disposition of a person sentenced pursuant to the provisions of this subsection.


f. Definitions. “Structure” is defined in section 2C:18-1. Property is that of another, for the purpose of this section, if any one other than the actor has a possessory , or legal or equitable proprietary interest therein. Property is that of another for the purpose of this section, if anyone other than the actor has a legal or equitable interest in the property including, but not limited to, a mortgage, pledge, lien or security interest therein. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another.


As used in this section, “forest” means and includes any forest, brush land, grass land, salt marsh, wooded area and any combination thereof, including but not limited to, an open space area, public lands, wetlands, park lands, natural habitats, a State conservation area, a wildlife refuge area or any other designated undeveloped open space whether or not it is subject to specific protection under law.


As used in this section, “health care facility” means health care facility as defined in section 2 of P.L.1971, c. 136 (C.26:2H-2).


g. Notwithstanding the provisions of any section of this Title to the contrary, if a person is convicted pursuant to the provisions of subsection a., b. or d. of this section and the structure which was the target of the offense was a church, synagogue, temple or other place of public worship, that person commits a crime of the first degree and the sentence imposed shall include a term of imprisonment. The term of imprisonment shall include a minimum term of 15 years, during which the defendant shall be ineligible for parole. The court may not suspend or make any other noncustodial disposition of a person sentenced pursuant to the provisions of this subsection.



CREDIT(S)


L.1978, c. 95, § 2C:17-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 29, eff. Sept. 1, 1979; L.1981, c. 290, § 16, eff. Sept. 24, 1981; L.1991, c. 498, § 1, eff. Jan. 18, 1992; L.1997, c. 108, § 1, eff. June 2, 1997; L.1997, c. 109, § 1, eff. June 3, 1997.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-2

Effective: June 18, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-2. Causing or risking widespread injury or damage


a. (1) A person who, purposely or knowingly, unlawfully causes an explosion, flood, avalanche, collapse of a building, release or abandonment of poison gas, radioactive material or any other harmful or destructive substance commits a crime of the second degree. A person who, purposely or knowingly, unlawfully causes widespread injury or damage in any manner commits a crime of the second degree.


(2) A person who, purposely or knowingly, unlawfully causes a hazardous discharge required to be reported pursuant to the “Spill Compensation and Control Act,” P.L.1976, c. 141 (C.58:10-23.11 et seq.) or any rules and regulations adopted pursuant thereto, or who, purposely or knowingly, unlawfully causes a release or abandonment of hazardous waste as defined in section 1 of P.L.1976, c. 99 (C.13:1E-38) or a toxic pollutant as defined in section 3 of P.L.1977, c. 74 (C.58:10A-3) commits a crime of the second degree. Any person who recklessly violates the provisions of this paragraph is guilty of a crime of the third degree.


b. A person who recklessly causes widespread injury or damage is guilty of a crime of the third degree.


c. A person who recklessly creates a risk of widespread injury or damage commits a crime of the fourth degree, even if no such injury or damage occurs. A violation of this subsection is a crime of the third degree if the risk of widespread injury or damage results from the reckless handling or storage of hazardous materials. A violation of this subsection is a crime of the second degree if the handling or storage of hazardous materials violated any law, rule or regulation intended to protect the public health and safety.


d. A person who knowingly or recklessly fails to take reasonable measures to prevent or mitigate widespread injury or damage commits a crime of the fourth degree, if:


(1) He knows that he is under an official, contractual or other legal duty to take such measures; or


(2) He did or assented to the act causing or threatening the injury or damage.


e. For purposes of this section, widespread injury or damage means serious bodily injury to five or more people or damage to five or more habitations or to a building which would normally have contained 25 or more persons at the time of the offense.



CREDIT(S)


L.1978, c. 95, § 2C:17-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 29A, eff. Sept. 1, 1979; L.1985, c. 348, § 1, eff. Nov. 1, 1985; L.1997, c. 325, § 2, eff. Jan. 8, 1998; L.2002, c. 26, § 12, eff. June 18, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-3

Effective: January 12, 2006


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-3. Criminal mischief


a. Offense defined. A person is guilty of criminal mischief if he:


(1) Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or


(2) Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.


b. Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more.


(2) Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2000.00. It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less.


(3) Criminal mischief is a crime of the third degree if the actor damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility. The term “physical disruption” does not include any lawful activity that results from public, governmental, or research facility employee reaction to the disclosure of information about the research facility.


(4) Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to, a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.


(5) Criminal mischief is a crime of the fourth degree if the actor interferes or tampers with any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however if the interference or tampering with the airport, landing field, landing strip, heliport, helistop or other aviation facility recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.


(6) Criminal mischief is a crime of the third degree if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof.


(7) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes a substantial interruption or impairment of public communication, transportation, supply of water, oil, gas or power, or other public service. Criminal mischief is a crime of the second degree if the substantial interruption or impairment recklessly causes death.


(8) Criminal mischief is a crime of the fourth degree if the actor purposely or knowingly breaks, digs up, obstructs or otherwise tampers with any pipes or mains for conducting gas, oil or water, or any works erected for supplying buildings with gas, oil or water, or any appurtenances or appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise tampers with any electric light wires, poles or appurtenances, or any telephone, telecommunications, cable television or telegraph wires, lines, cable or appurtenances.


c. A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.


d. As used in this section:


(1) “Act of graffiti” means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.


(2) “Spray paint” means any paint or pigmented substance that is in an aerosol or similar spray container.


e. A person convicted of an offense of criminal mischief that involves the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings, may, in addition to any other penalty imposed by the court, be required to pay to the owner of the property monetary restitution in the amount of the pecuniary damage caused by the damage or destruction.



CREDIT(S)


L.1978, c. 95, § 2C:17-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 30, eff. Sept. 1, 1979; L.1981, c. 290, § 17, eff. Sept. 24, 1981; L.1991, c. 336, § 1, eff. Jan. 6, 1992; L.1995, c. 20, § 2, eff. Jan. 25, 1995; L.1995, c. 251, § 1, eff. Dec. 12, 1995; L.1998, c. 54, § 1, eff. July 10, 1998; L.1999, c. 95, § 1, eff. May 3, 1999; L.2005, c. 316, § 1, eff. Jan. 12, 2006; L.2005, c. 319, § 5, eff. Jan. 12, 2006.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-3.1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-3.1. Defacement, removal or injury to official traffic signs or signals


A person who purposely, knowingly, recklessly or negligently defaces, injures or removes an official traffic sign or signal described in Title 39 of the Revised Statutes is guilty of a disorderly persons offense.


If a juvenile who is adjudicated delinquent for an act which, if committed by an adult, would constitute a violation of this section is assessed a fine and the court determines that the juvenile is unable to pay the fine, the juvenile's parents or legal guardian shall be responsible for the imposed fine.



CREDIT(S)


L.1998, c. 54, § 3, eff. July 10, 1998.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-4, 2C:17-5. Repealed by L.1994, c. 118, § 21, eff. Nov. 17, 1994


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-4, 2C:17-5. Repealed by L.1994, c. 118, § 21, eff. Nov. 17, 1994


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-6. Motor vehicles; removal or alteration of identification number or mark; possession; penalty


a. A person who removes, defaces, alters, changes, destroys, covers or obliterates any trademark, distinguishing or identification number, serial number or mark on or from any motor vehicle for an unlawful purpose, is guilty of a crime of the third degree.


b. A person who for an unlawful purpose knowingly possesses any motor vehicle, or any of the parts thereof, from or on which any trademark, distinguishing or identification number, or serial number or mark has been removed, covered, altered, changed, defaced, destroyed or obliterated, is guilty of an offense, unless, within 10 days after the motor vehicle or any part thereof shall have come into his possession, he files with the Director of the Division of Motor Vehicles in the Department of Law and Public Safety a verified statement showing: the source of his title, the proper trademark, identification or distinguishing number, or serial number or mark, if known, and if known, the manner of and reason for the mutilation, change, alteration, concealment or defacement, the length of time the motor vehicle or part has been held and the price paid therefor.


If the value of the motor vehicle or parts possessed exceeds $500.00 the offense is a crime of the third degree; if the value is at least $200.00 but does not exceed $500.00 it is a crime of the fourth degree; if the value is less than $200.00 it is a disorderly persons offense.


c. As used in this section, “motor vehicle” includes motor bicycles, motorcycles, automobiles, trucks, tractors or other vehicles designed to be self-propelled by mechanical power, and otherwise than by muscular power, except motor vehicles running upon or guided by rails or tracks.



CREDIT(S)


L.1983, c. 351, § 1, eff. Sept. 29, 1983.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-7

Effective: June 18, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-7. Nuclear electric generating plant; damaging or tampering with equipment with intent to release radiation; penalty


The provisions of N.J.S.2C:17-2 to the contrary notwithstanding, any person who purposely or knowingly damages or tampers with any machinery, device, or equipment at a nuclear electric generating plant with the purpose to cause or threaten to cause an unauthorized release of radiation commits a crime of the first degree, and may be sentenced to an extended term of imprisonment as set forth in paragraph (2) of subsection a. of N.J.S.2C:43-7, notwithstanding the provisions of N.J.S. 2C:44-; provided, however, that if the defendant is not sentenced to an extended term of imprisonment, the defendant shall be sentenced to an ordinary term of imprisonment between 15 and 30 years.



CREDIT(S)


L.1983, c. 480, § 1, eff. Jan. 17, 1984. Amended by L.2002, c. 26, § 13, eff. June 18, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-8. Nuclear electric generating plant; damaging or tampering with equipment which results in death; crime of first degree


Any person who purposely or knowingly damages or tampers with any machinery, device, or equipment at a nuclear electric generating plant which results in the death of another due to exposure to radiation commits a crime of the first degree, and may be sentenced to an extended term of imprisonment as set forth in paragraph (2) of subsection a. of N.J.S. 2C:43-7, notwithstanding the provisions of N.J.S. 2C:44-3.



CREDIT(S)


L.1983, c. 480, § 2, eff. Jan. 17, 1984.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:17-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 17. Arson, Criminal Mischief, and Other Property Destruction (Refs & Annos)

2C:17-9. Nuclear electric generating plant; damaging or tampering with equipment which results in injury; crime of second degree


Any person who purposely or knowingly damages or tampers with any machinery, device, or equipment at a nuclear electric generating plant which results in the injury of another due to exposure to radiation commits a crime of the second degree, and may be sentenced to an extended term of imprisonment as set forth in paragraph (3) of subsection a. of N.J.S. 2C:43-7, notwithstanding the provisions of N.J.S. 2C:44-3.



CREDIT(S)


L.1983, c. 480, § 3, eff. Jan. 17, 1984.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 2, Ch. 18, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 18. Burglary and Other Criminal Intrusion


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:18-1

Effective: January 17, 2010


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 18. Burglary and Other Criminal Intrusion (Refs & Annos)

2C:18-1. Definition


In this chapter, unless a different meaning plainly is required:


a. “structure” means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present;


b. “utility company property” means property; (1) owned by a public utility, as defined in R.S.48:2-13, or by a municipality, county, water district, authority or other public agency, and (2) which is used for the purpose of providing electric, gas or water utility service.



CREDIT(S)


L.1978, c. 95, § 2C:18-1, eff. Sept. 1, 1979. Amended by L.1980, c. 112, § 1, eff. Sept. 19, 1980; L.2009, c. 283, § 1, eff. Jan. 17, 2010.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:18-2

Effective: January 17, 2010


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 18. Burglary and Other Criminal Intrusion (Refs & Annos)

2C:18-2. Burglary


a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:


(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;


(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or


(3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.


b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:


(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or


(2) Is armed with or displays what appear to be explosives or a deadly weapon.


Otherwise burglary is a crime of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.



CREDIT(S)


L.1978, c. 95, § 2C:18-2, eff. Sept. 1, 1979. Amended by L.1980, c. 112, § 2, eff. Sept. 19, 1980; L.1981, c. 290, § 18, eff. Sept. 24, 1981; L.1995, c. 20, § 3, eff. Jan. 25, 1995; L.2009, c. 283, § 2, eff. Jan. 17, 2010.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:18-3

Effective: January 17, 2010


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 18. Burglary and Other Criminal Intrusion (Refs & Annos)

2C:18-3. Criminal trespass


a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. Otherwise it is a disorderly persons offense.


b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:


(1) Actual communication to the actor; or


(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or


(3) Fencing or other enclosure manifestly designed to exclude intruders.


c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.


d. Defenses. It is an affirmative defense to prosecution under this section that:


(1) A structure involved in an offense under subsection a. was abandoned;


(2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or


(3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.



CREDIT(S)


L.1978, c. 95, § 2C:18-3, eff. Sept. 1, 1979. Amended by L.1980, c. 112, § 3, eff. Sept. 19, 1980; L.1994, c. 90, § 1, eff. Aug. 9, 1994; L.1995, c. 20, § 4, eff. Jan. 25, 1995; L.1997, c. 15, § 1, eff. Jan. 31, 1997; L.2005, c. 100, § 1, eff. June 15, 2005; L.2009, c. 283, § 3, eff. Jan. 17, 2010.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:18-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 18. Burglary and Other Criminal Intrusion (Refs & Annos)

2C:18-4. Lands defined


As used in this act, “lands” means agricultural or horticultural lands devoted to the production for sale of plants and animals useful to man, encompassing plowed or tilled fields, standing crops or their residues, cranberry bogs and appurtenant dams, dikes, canals, ditches and pump houses, including impoundments, man-made reservoirs and the adjacent shorelines thereto, orchards, nurseries, and lands with a maintained fence for the purpose of restraining domestic livestock. “Lands” shall also include lands in agricultural use, as defined in section 3 of P.L.1983, c. 32 (C. 4:1C-13), where public notice prohibiting trespass is given by actual communication to the actor, conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.



CREDIT(S)


L.1983, c. 522, § 1, eff. Jan. 17, 1984.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:18-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 18. Burglary and Other Criminal Intrusion (Refs & Annos)

2C:18-5. Knowingly or recklessly operating motor vehicle or riding horseback on lands of another without written permission, or damaging or injuring tangible property


It is an offense under this act to:


a. Knowingly or recklessly operate a motorized vehicle or to ride horseback upon the lands of another without obtaining and in possession of the written permission of the owner, occupant, or lessee thereof.


b. Knowingly or recklessly damage or injure any tangible property, including, but not limited to, any fence, building, feedstocks, crops, live trees, or any domestic animals, located on the lands of another.



CREDIT(S)


L.1983, c. 522, § 2, eff. Jan. 17, 1984.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:18-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 18. Burglary and Other Criminal Intrusion (Refs & Annos)

2C:18-6. Offenses; penalties; restitution


a. An offense pursuant to section 2 of this act [FN1] is a crime of the third degree if the actor causes pecuniary loss of $2,000.00 or more; a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2,000.00; and a disorderly persons offense if he causes pecuniary loss of $500.00 or less.


b. The provisions of N.J.S. 2C:43-3 to the contrary notwithstanding, in addition to any other sentence which the court may impose, a person convicted of an offense under this act shall be sentenced to make restitution, and to pay a fine of not less than $500.00 if the offense is a crime of the third degree; to pay a fine of not less than $200.00 if the offense is a crime of the fourth degree; and to pay a fine of not less than $100.00 when the conviction is of a disorderly persons offense.



CREDIT(S)


L.1983, c. 522, § 3, eff. Jan. 17, 1984.


[FN1] N.J.S.A. § 2C:18-5.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:19-1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 19. [Reenacted as Chapter 15 of Title 2C by P.L.1979, C. 178]

2C:19-1. Reenacted by L.1979, c. 178, §§ 28, 32 as § 2C:15-1


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 2, Ch. 20, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 2, Ch. 20, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses

I. General Provisions


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-1

Effective: May 9, 2013


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-1. Definitions.


In chapters 20 and 21, unless a different meaning plainly is required:


a. “Deprive” means: (1) to withhold or cause to be withheld property of another permanently or for so extended a period as to appropriate a substantial portion of its economic value, or with purpose to restore only upon payment of reward or other compensation; or (2) to dispose or cause disposal of the property so as to make it unlikely that the owner will recover it.


b. “Fiduciary” means an executor, general administrator of an intestate, administrator with the will annexed, substituted administrator, guardian, substituted guardian, trustee under any trust, express, implied, resulting or constructive, substituted trustee, executor, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent or officer of a corporation, public or private, temporary administrator, administrator, administrator pendente lite, administrator ad prosequendum, administrator ad litem or other person acting in a similar capacity. “Fiduciary” shall also include an employee or an agent of a cargo carrier, as the term is defined in subsection w. of this section, while acting in that capacity, or an independent contractor providing services to a cargo carrier as that term is defined in subsection w. of this section.


c. “Financial institution” means a bank, insurance company, credit union, savings and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.


d. “Government” means the United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.


e. “Movable property” means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents, although the rights represented thereby have no physical location. “Immovable property” is all other property.


f. “Obtain” means: (1) in relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the obtainer or another; or (2) in relation to labor or service, to secure performance thereof.


g. “Property” means anything of value, including real estate, tangible and intangible personal property, trade secrets, contract rights, choses in action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric, gas, steam or other power, financial instruments, information, data, and computer software, in either human readable or computer readable form, copies or originals.


h. “Property of another” includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.


i. “Trade secret” means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. A trade secret shall be presumed to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.


j. “Dealer in property” means a person who buys and sells property as a business.


k. “Traffic” means:


(1) To sell, transfer, distribute, dispense or otherwise dispose of property to another person; or


(2) To buy, receive, possess, or obtain control of or use property, with intent to sell, transfer, distribute, dispense or otherwise dispose of such property to another person.


l. “Broken succession of title” means lack of regular documents of purchase and transfer by any seller except the manufacturer of the subject property, or possession of documents of purchase and transfer by any buyer without corresponding documents of sale and transfer in possession of seller, or possession of documents of sale and transfer by seller without corresponding documents of purchase and transfer in possession of any buyer.


m. “Person” includes any individual or entity or enterprise, as defined herein, holding or capable of holding a legal or beneficial interest in property.


n. “Anything of value” means any direct or indirect gain or advantage to any person.


o. “Interest in property which has been stolen” means title or right of possession to such property.


p. “Stolen property” means property that has been the subject of any unlawful taking.


q. “Enterprise” includes any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or group of individuals associated in fact, although not a legal entity, and it includes illicit as well as licit enterprises and governmental as well as other entities.


r. “Attorney General” includes the Attorney General of New Jersey, his assistants and deputies. The term shall also include a county prosecutor or his designated assistant prosecutor, if a county prosecutor is expressly authorized in writing by the Attorney General to carry out the powers conferred on the Attorney General by this chapter.


s. “Access device” means property consisting of any telephone calling card number, credit card number, account number, mobile identification number, electronic serial number, personal identification number, or any other data intended to control or limit access to telecommunications or other computer networks in either human readable or computer readable form, either copy or original, that can be used to obtain telephone service. Access device also means property consisting of a card, code or other means of access to an account held by a financial institution, or any combination thereof, that may be used by the account holder for the purpose of initiating electronic fund transfers.


t. “Defaced access device” means any access device, in either human readable or computer readable form, either copy or original, which has been removed, erased, defaced, altered, destroyed, covered or otherwise changed in any manner from its original configuration.


u. “Domestic companion animal” means any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.


v. “Personal identifying information” means any name, number or other information that may be used, alone or in conjunction with any other information, to identify a specific individual and includes, but is not limited to, the name, address, telephone number, date of birth, social security number, official State issued identification number, employer or taxpayer number, place of employment, employee identification number, demand deposit account number, savings account number, credit card number, mother's maiden name, unique biometric data, such as fingerprint, voice print, retina or iris image or other unique physical representation, or unique electronic identification number, address or routing code of the individual.


w. “Cargo carrier” means: (1) any business or establishment regularly operating for the purpose of conveying goods or property for compensation from one place to another by road, highway, rail, water or air, by any means including but not limited to any pipeline system, railroad car, motor truck, truck, trailer, semi-trailer, commercial motor vehicle or other vehicle, any steamboat, vessel or aircraft, and any business or establishment regularly engaged in the temporary storage of goods or property incident to further distribution of the goods or property elsewhere for commercial purposes, including but not limited to businesses or establishments operating a tank or storage facility, warehouse, terminal, station, station house, platform, depot, wharf, pier, or from any ocean, intermodal, container freight station or freight consolidation facility; or (2) any business or establishment that conveys goods or property which it owns or has title to, from one place to another, by road, highway, rail, water or air by any means including but not limited to any pipeline system, railroad car, motor truck, truck, trailer, semi-trailer, commercial motor vehicle or other vehicle, any steamboat, vessel or aircraft, and including the storage and warehousing of goods and property incidental to their conveyance from one place to another.



CREDIT(S)


L.1978, c. 95, § 2C:20-1, eff. Sept. 1, 1979. Amended by L.1981, c. 167, § 5, eff. June 15, 1981; L.1984, c. 184, § 1, eff. March 14, 1985; L.1997, c. 6, § 1, eff. Jan. 24, 1997; L.1998, c. 100, § 1, eff. Sept. 9, 1998; L.2002, c. 85, § 1, eff. Oct. 16, 2002; L.2004, c. 11, § 1, eff. May 5, 2004; L.2013, c. 58, § 1, eff. May 9, 2013.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-1.1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-1.1. Access devices; defacement, removal, alteration, destruction; presumption


In any prosecution for an offense enumerated in chapter 20 of Title 2C of the New Jersey Statutes involving a defaced access device, any removal, erasure, defacement, alteration, destruction, covering or other change in such access device from its original configuration performed by any person other than an authorized manufacturer of, or service provider to access devices shall be presumed to be for an unlawful purpose.



CREDIT(S)


L.1997, c. 6, § 6, eff. Jan. 24, 1997.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-2

Effective: May 9, 2013


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-2. Consolidation of theft offenses; grading; provisions applicable to theft generally


a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.


b. Grading of theft offenses.


(1) Theft constitutes a crime of the second degree if:


(a) The amount involved is $75,000.00 or more;


(b) The property is taken by extortion;


(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;


(d) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000.00 or more;


(e) The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c. 50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or


(f) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000.00 or more.


(2) Theft constitutes a crime of the third degree if:


(a) The amount involved exceeds $500.00 but is less than $75,000.00;


(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;


(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;


(d) It is from the person of the victim;


(e) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000.00;


(f) It is by threat not amounting to extortion;


(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;


(h) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000.00;


(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;


(j) The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;


(k) The property stolen consists of an access device or a defaced access device; or


(l) The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine.


(3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00.


(4) Theft constitutes a disorderly persons offense if:


(a) The amount involved was less than $200.00; or


(b) The property stolen is an electronic vehicle identification system transponder.


The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.


c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:


(1) Was unaware that the property or service was that of another;


(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or


(3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.


d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.



CREDIT(S)


L.1978, c. 95, § 2C:20-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 33, eff. Sept. 1, 1979; L.1981, c. 167, § 6, eff. June 15, 1981; L.1987, c. 76, § 31, eff. Dec. 9, 1987; L.1987, c. 106, § 5; L.1993, c. 219, § 3, eff. Aug. 2, 1993; L.1993, c. 363, § 1, eff. Jan. 4, 1994; L.1995, c. 20, § 5, eff. Jan. 25, 1995; L.1996, c. 154, § 9, eff. Jan. 6, 1997; L.1997, c. 6, § 2, eff. Jan. 24, 1997; L.1998, c. 100, § 2, eff. Sept. 9, 1998; L.1999, c. 95, § 2, eff. May 3, 1999; L.2003, c. 39, § 7, eff. April 14, 2003; L.2005, c. 207, § 4, eff. Nov. 22, 2005; L.2007, c. 36, § 2, eff. Jan. 29, 2007; L.2008, c. 50, § 21, eff. July 22, 2008; L.2011, c. 1, § 1, eff. Jan. 25, 2011; L.2013, c. 58, § 2, eff. May 9, 2013.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-2.1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-2.1. Automobile theft; additional penalties; suspension or postponement of license


a. In addition to any other disposition authorized by law, a person convicted under the provisions of this chapter of theft or unlawful taking of a motor vehicle shall be subject:


(1) For the first offense, to a penalty of $500.00 and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for a period of one year.


(2) For a second offense, to a penalty of $750.00 and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for a period of two years.


(3) For a third or subsequent offense, to a penalty of $1,000.00, and to the suspension or postponement of the person's license to operate a motor vehicle over the highways of this State for 10 years.


b. The suspension or postponement of the person's license to operate a motor vehicle pursuant to subsection a. of this section shall commence on the day the sentence is imposed. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of one year for a first offense, two years for a second offense or 10 years for a third offense calculated from the day after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.


Upon conviction the court shall collect forthwith the New Jersey driver's licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privileges in this State.


c. All penalties provided for in this section shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c. 396 (C.2C:46-4), and shall be distributed in accordance with the provisions of N.J.S. 2C:64-6 as if the collected monies were the proceeds of property forfeited pursuant to the provisions of chapter 64. However, the distributed monies are to be used for law enforcement activities related to auto theft.



CREDIT(S)


L.1991, c. 83, § 1, eff. April 2, 1991. Amended by L.1993, c. 219, § 4, eff. Aug. 2, 1993.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-2.2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-2.2. Assessment for fair market value of stolen automobile in excess of $7,500


Notwithstanding the provisions of N.J.S. 2C:43-3, if the fair market value of the automobile and its contents at the time it was stolen exceeds $7,500.00 and the automobile is not recovered, the court may sentence the defendant to pay a fine for that higher amount.



CREDIT(S)


L.1991, c. 83, § 2, eff. April 2, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-2.3

Effective: January 13, 2008


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-2.3. Removal of headstones and other markers from grave sites; criminal and other penalties


a. A person is guilty of theft if he unlawfully removes a headstone, headstone marker, flag or flag holder from a grave site or exercises control over a headstone, headstone marker, flag or flag holder without license or privilege to do so under circumstances which would cause a reasonable person to believe that the object was unlawfully removed. For purposes of this section, “flag” includes, but is not limited to, the American flag.


b. Notwithstanding the provisions of N.J.S.2C:43-3 and in addition to any other fine or penalty imposed, a person who commits theft in violation of subsection a. of this section shall be liable to a fine of up to $1,000 for each headstone, headstone marker, flag or flag holder that the person removed or over which the person exercised control.


c. In addition to imposing any other appropriate penalties established for a crime pursuant to Title 2C of the New Jersey Statutes, the court shall impose a term of community service of up to 30 days.



CREDIT(S)


L.2007, c. 321, § 1, eff. Jan. 13, 2008.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-2.4

Effective: May 9, 2013


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-2.4. Theft from cargo carrier; theft networks; leaders and conspirators; degree of offense; penalties; inferences; defenses


a. A person is a leader of a cargo theft network if he conspires with others as an organizer, supervisor, financier or manager to engage for profit in a scheme or course of conduct to unlawfully take, dispose of, distribute, bring into, transport, or store in this State property stolen from a cargo carrier, where the amount is at least $5,000.


(1) Except as provided in paragraph (2) of this subsection, leader of a cargo theft network is a crime of the second degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may impose a fine not to exceed $250,000 or five times the retail value of the property seized at the time of the arrest, whichever is greater.


(2) Leader of a cargo theft network is a crime of the first degree if the scheme or course of conduct to unlawfully take, dispose of, distribute, bring into, transport, or store in this State property stolen from a cargo carrier included the use or threatened use of any deadly weapon, as defined in N.J.S.2C:39-1 in the commission of the theft. Nothing in this subsection shall be deemed to limit the authority or discretion of the State to charge or prosecute any person for robbery under N.J.S.2C:15-1 or for any other offense, nor shall a conviction for robbery merge with any conviction under this section. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may impose a fine not to exceed $500,000 or five times the retail value of the property seized at the time of the arrest, whichever is greater.


b. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of a cargo theft network shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this act shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this act be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction for any other offense.


c. It shall not be necessary in any prosecution under this section for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the amount of property or number of incidents of theft, or the amount of cash or currency involved.


d. It shall not be a defense to a prosecution under this section that the stolen property was brought into, transported or stored in this State solely for ultimate distribution in another jurisdiction; nor shall it be a defense that any profit was intended to be made in another jurisdiction.


e. A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment that shall include a mandatory minimum term of one-third to one-half of the sentence imposed, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purposes of this section an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to this section, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to this section.



CREDIT(S)


L.2013, c. 58, § 4, eff. May 9, 2013.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-2.5

Effective: May 9, 2013


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-2.5. Taking of property by a fiduciary; taking by certain participants in a cargo carrier theft; additional levels of offense; penalties


a. In addition to any other disposition authorized by law, a person convicted under the provisions of chapter 20 of Title 2C of the New Jersey Statutes of an offense involving the taking of property by a fiduciary, or a person convicted under P.L.2013, c. 58 (C.2C:20-2.4 et al.) of leader of a cargo theft network or operating a facility for the sale or storage of property stolen from a cargo carrier, shall be subject:


(1) For a crime of the third degree, to a penalty of $500;


(2) For a crime of the second degree, to a penalty of $2,500; and


(3) For a crime of the first degree or any crime where the person to be sentenced has a prior conviction for a crime defined in chapter 20 of Title 2C of the New Jersey Statutes, to a penalty of $5,000.


b. All penalties provided for in this section shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c. 396 (C.2C:46-4), and shall be distributed in accordance with the provisions of N.J.S.2C:64-6 as if the collected monies were the proceeds of property forfeited pursuant to the provisions of chapter 64 of Title 2C of the New Jersey Statutes. However, the distributed monies are first to be considered for use for law enforcement activities related to theft from a cargo carrier.



CREDIT(S)


L.2013, c. 58, § 5, eff. May 9, 2013.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-2.6

Effective: May 9, 2013


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-2.6. Theft from cargo carrier; fencing; degree of crime; penalties


a. A person who knowingly maintains or operates any premises, place or facility used for the storage or resale of any property stolen from a cargo carrier is guilty of a crime. Where the property involved in the offense is valued at $50,000 or more, the offense is a crime of the second degree. Otherwise, the offense is a crime of the third degree.


b. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may impose a fine not to exceed $250,000 or five times the retail value of the property stolen from the carrier seized at the time of the arrest, whichever is greater.


c. A person convicted of a second or subsequent offense under this section shall be sentenced to a term of imprisonment that shall include a mandatory minimum term of one-third to one-half of the sentence imposed, during which time the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purposes of this section an offense is considered a second or subsequent offense if the actor has at any time been convicted pursuant to this section, or under any similar statute of the United States, this State or any other state for an offense that is substantially equivalent to this section.



CREDIT(S)


L.2013, c. 58, § 6, eff. May 9, 2013.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-3. Theft by unlawful taking or disposition


a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.


b. Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.



CREDIT(S)


L.1978, c. 95, § 2C:20-3, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-4

Effective: April 16, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-4. Theft by deception


A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:


a. Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind, and including, but not limited to, a false impression that the person is soliciting or collecting funds for a charitable purpose; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise;


b. Prevents another from acquiring information which would affect his judgment of a transaction; or


c. Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.


The term “deceive” does not, however, include falsity as to matters having no pecuniary significance, or puffing or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.



CREDIT(S)


L.1978, c. 95, § 2C:20-4, eff. Sept. 1, 1979. Amended by L.2003, c. 43, § 1, eff. April 16, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-5

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-5. Theft by extortion


A person is guilty of theft by extortion if he purposely and unlawfully obtains property of another by extortion. A person extorts if he purposely threatens to:


a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;


b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;


c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;


d. Take or withhold action as an official, or cause an official to take or withhold action;


e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;


f. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or


g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.


It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.



CREDIT(S)


L.1978, c. 95, § 2C:20-5, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 34, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-6. Theft of property lost, mislaid, or delivered by mistake


A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use.



CREDIT(S)


L.1978, c. 95, § 2C:20-6, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-7

Effective: May 9, 2013


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-7. Receiving stolen property


a. Receiving. A person is guilty of theft if he knowingly receives or brings into this State movable property of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. “Receiving” means acquiring possession, control or title, or lending on the security of the property.


b. Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a person who:


(1) Is found in possession or control of two or more items of property stolen on two or more separate occasions; or


(2) Has received stolen property in another transaction within the year preceding the transaction charged; or


(3) Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it; or


(4) Is found in possession of two or more defaced access devices; or


(5) Is found in possession of property of a cargo carrier without proper documentation or other evidence of right to possession.



CREDIT(S)


L.1978, c. 95, § 2C:20-7, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 35, eff. Sept. 1, 1979; L.1981, c. 290, § 19, eff. Sept. 24, 1981; L.1997, c. 6, § 3, eff. Jan. 24, 1997; L.2013, c. 58, § 3, eff. May 9, 2013.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-7.1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-7.1. Fencing


a. Possession of altered property. Any dealer in property who knew or should have known that the identifying features such as serial numbers and permanently affixed labels of property in his possession have been removed or altered without the consent of the manufacturer is guilty of possession of altered property. It is a defense to a prosecution under this subsection that a person lawfully possesses the usual indicia of ownership in addition to mere possession.


b. Dealing in stolen property. A person is guilty of dealing in stolen property if he traffics in, or initiates, organizes, plans, finances, directs, manages or supervises trafficking in stolen property.


c. The value of the property involved in the violation of this section shall be determined by the trier of fact. The value of the property involved in the violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons.


d. It is an affirmative defense to a prosecution under this section that the actor:


(1) Was unaware that the property or service was that of another;


(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did.


e. In addition to the presumptions contained in N.J.S. 2C:20-7b. the following presumptions are available in the prosecution for a fencing offense:


(1) Proof of the purchase or sale of property at a price substantially below its fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew that it had been stolen;


(2) Proof of the purchase or sale of property by a dealer in that property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, or the property or the job lot of which it is a part was bought, received, possessed or controlled in broken succession of title, so that it cannot be traced, by appropriate documents, in unbroken succession to the manufacturer, in all cases where the regular course of business reasonably indicates records of purchase, transfer or sale, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew that it had been stolen; and


(3) Proof that a person buying or selling property of the sort received obtained such property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess or control it gives rise to an inference that such person knew that it had been stolen.



CREDIT(S)


L.1981, c. 167, § 7, eff. June 15, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-7.2

Effective: August 1, 2009


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-7.2. Theft of scrap metal


Each State, county, and municipal police department may, upon receiving reliable information that scrap metal has been stolen, promptly notify scrap metal businesses of the theft and provide such businesses with information to identify the stolen scrap metal, to effectuate the purposes of P.L.2009, c. 8 (C.45:28-1 et al.).



CREDIT(S)


L.2009, c. 8, § 3, eff. Aug. 1, 2009.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-8

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-8. Theft of services


a. A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token, slug, or other means, including but not limited to mechanical or electronic devices or through fraudulent statements, to avoid payment for the service. “Services” include labor or professional service; transportation, telephone, telecommunications, electric, water, gas, cable television, or other public service; accommodation in hotels, restaurants or elsewhere; entertainment; admission to exhibitions; use of vehicles or other movable property. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.


b. A person commits theft if, having control over the disposition of services of another, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.


c. Any person who, without permission and for the purpose of obtaining electric current, gas or water with intent to defraud any vendor of electricity, gas or water or a person who is furnished by a vendor with electric current, gas or water:


(1) Connects or causes to be connected by wire or any other device with the wires, cables or conductors of any such vendor or any other person; or


(2) Connects or disconnects the meters, pipes or conduits of such vendor or any other person or in any other manner tampers or interferes with such meters, pipes or conduits, or connects with such meters, pipes or conduits by pipes, conduits or other instruments--is guilty of a disorderly persons offense.


The existence of any of the conditions with reference to meters, pipes, conduits or attachments, described in this subsection, is presumptive evidence that the person to whom gas, electricity or water is at the time being furnished by or through such meters, pipes, conduits or attachments has, with intent to defraud, created or caused to be created with reference to such meters, pipes, conduits or attachments, the condition so existing; provided, however, that the presumption shall not apply to any person so furnished with gas, electricity or water for less than 31 days or until there has been at least one meter reading.


A violation of this subsection shall be deemed to be a continuing offense as long as the conditions described in this subsection exist.


d. Any person who, without permission or authority, connects or causes to be connected by wires or other devices, any meter erected or set up for the purpose of registering or recording the amount of electric current supplied to any customer by any vendor of electricity within this State, or changes or shunts the wiring leading to or from any such meter, or by any device, appliance or means whatsoever tampers with any such meter so that the meter will not measure or record the full amount of electric current supplied to such customer, is guilty of a disorderly persons offense.


The existence of any of the conditions with reference to meters or attachments described in this subsection is presumptive evidence that the person to whom electricity is at the time being furnished by or through such meters or attachments has, with intent to defraud, created or caused to be created with reference to such meters or attachments, the condition so existing; provided, however, that the presumption shall not apply to any person so furnished with electricity for less than 31 days or until there has been at least one meter reading.


A violation of this subsection shall be deemed to be a continuing offense as long as the conditions described in this subsection exist.


e. Any person who, with intent to obtain cable television service without payment, in whole or in part, of the lawful charges therefor, or with intent to deprive another of the lawful receipt of such service, damages, cuts, tampers with, installs, taps or makes any connection with, or who displaces, removes, injures or destroys any wire, cable, conduit, apparatus or equipment of a cable television company operating a CATV system; or who, without authority of a cable television company, intentionally prevents, obstructs or delays, by any means or contrivance, the sending, transmission, conveyance, distribution or receipt of programming material carried by equipment of the cable television company operating a CATV system, is a disorderly person.


The existence of any of the conditions with reference to wires, cables, conduits, apparatus or equipment described in this subsection is presumptive evidence that the person to whom cable television service is at the time being furnished has, with intent to obtain cable television service without authorization or compensation or to otherwise defraud, created or caused to be created the condition so existing.


f. Any person who purposely or knowingly manufactures, constructs, sells, offers for sale, distributes or installs any equipment, device or instrument designed or intended to facilitate the interception, decoding or receipt of any cable television service with intent to obtain such service and avoid the lawful payment of the charges therefor to the provider, in whole or in part, is a disorderly person.


Any communications paraphernalia prohibited under this subsection shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S. 2C:64-1 et seq.


g. Any person who purposely or knowingly maintains or possesses any equipment, device or instrument of the type described in subsection f. of this section or maintains or possesses any equipment, device or instrument actually used to facilitate the interception, decoding or receipt of any cable television service with intent to obtain such service and avoid the lawful payment, in whole or in part, of the charges therefor to the provider, is a disorderly person.


Any communications paraphernalia prohibited under this subsection shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S. 2C:64-1 et seq.


h. Any person who, with the intent of depriving a telephone company of its lawful charges therefor, purposely or knowingly makes use of any telecommunications service by means of the unauthorized use of any electronic or mechanical device or connection, or by the unauthorized use of billing information, or by the use of a computer, computer equipment or computer software, or by the use of misidentifying or misleading information given to a representative of the telephone company is guilty of a crime of the third degree.


The existence of any of the conditions with reference to electronic or mechanical devices, computers, computer equipment or computer software described in this subsection is presumptive evidence that the person to whom telecommunications service is at the time being furnished has, with intent to obtain telecommunications service without authorization or compensation or to otherwise defraud, created or caused to be created the condition so existing.


i. Any person who purposely or knowingly manufactures, constructs, sells, offers for sale, distributes, installs, or otherwise provides any service, equipment, device, computer, computer equipment, computer software or instrument designed or intended to facilitate the receipt of any telecommunications service and avoid the lawful payment of the charges therefor to the provider, in whole or in part, is guilty of a crime of the third degree.


Any communications paraphernalia, computer, computer equipment or computer software prohibited under this subsection shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S. 2C:64-1 et seq.


j. Any person who purposely or knowingly maintains or possesses any equipment, device, computer, computer equipment, computer software or instrument of the type described in subsection i. of this section, or maintains or possesses any equipment, device, computer, computer equipment, computer software or instrument actually used to facilitate the receipt of any telecommunications service with intent to obtain such service and avoid the lawful payment, in whole or in part, of the charges therefor to the provider, is guilty of a crime of the third degree.


Any communications paraphernalia, computer, computer equipment or computer software prohibited under this subsection shall be subject to forfeiture and may be seized by the State or any law enforcement officer in accordance with the provisions of N.J.S. 2C:64-1 et seq.


k. In addition to any other disposition authorized by law, and notwithstanding the provisions of N.J.S. 2C:43-3, every person who violates this section shall be sentenced to make restitution to the vendor and to pay a minimum fine of $500.00 for each offense. In determining the amount of restitution, the court shall consider the costs expended by the vendor, including but not limited to the repair and replacement of damaged equipment, the cost of the services unlawfully obtained, investigation expenses, and attorney fees.


l. The presumptions of evidence applicable to offenses defined in subsections c., d., e. and h. of this section shall also apply in any prosecution for theft of services brought pursuant to the provisions of subsection a. or b. of this section.



CREDIT(S)


L.1978, c. 95, § 2C:20-8, eff. Sept. 1, 1979. Amended by L.1983, c. 15, § 1, eff. Jan. 20, 1983; L.1985, c. 10, § 1, eff. Jan. 16, 1985; L.1989, c. 112, § 1, eff. June 29, 1989; L.1997, c. 6, § 4, eff. Jan. 24, 1997.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-9

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-9. Theft by failure to make required disposition of property received


A person who purposely obtains or retains property upon agreement or subject to a known legal obligation to make specified payment or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he deals with the property obtained as his own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor's failure to make the required payment or disposition. An officer or employee of the government or of a financial institution is presumed: (a) to know any legal obligation relevant to his criminal liability under this section, and (b) to have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts. The fact that any payment or other disposition was made with a subsequently dishonored negotiable instrument shall constitute prima facie evidence of the actor's failure to make the required payment or disposition, and the trier of fact may draw a permissive inference therefrom that the actor did not intend to make the required payment or other disposition.



CREDIT(S)


L.1978, c. 95, § 2C:20-9, eff. Sept. 1, 1979. Amended by L.1987, c. 76, § 32, eff. Dec. 9, 1987.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-10

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-10. Unlawful taking of means of conveyance


a. A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle, without consent of the owner or other person authorized to give consent. “Means of conveyance” includes but is not limited to motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, trams and trailers. It is an affirmative defense to prosecution under subsections a., b. and c. of this section that the actor reasonably believed that the owner or any other person authorized to give consent would have consented to the operation had he known of it.


b. A person commits a crime of the fourth degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent.


c. A person commits a crime of the third degree if, with purpose to withhold temporarily from the owner, he takes, operates or exercises control over a motor vehicle without the consent of the owner or other person authorized to give consent and operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property.


d. A person commits a crime of the fourth degree if he enters and rides in a motor vehicle knowing that the motor vehicle has been taken or is being operated without the consent of the owner or other person authorized to consent.



CREDIT(S)


L.1978, c. 95, § 2C:20-10, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 35A, eff. Sept. 1, 1979; L.1993, c. 134, § 1, eff. June 3, 1993.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-11

Effective: August 2, 2006


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-11. Shoplifting


a. Definitions. The following definitions apply to this section:


(1) “Shopping cart” means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store;


(2) “Store or other retail mercantile establishment” means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;


(3) “Merchandise” means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;


(4) “Merchant” means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor;


(5) “Person” means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require;


(6) “Conceal” means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation;


(7) “Full retail value” means the merchant's stated or advertised price of the merchandise;


(8) “Premises of a store or retail mercantile establishment” means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment;


(9) “Under-ring” means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise;


(10) “Antishoplifting or inventory control device countermeasure” means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device;


(11) “Organized retail theft enterprise” means any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise.


b. Shoplifting. Shoplifting shall consist of any one or more of the following acts:


(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.


(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.


(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.


(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.


(5) For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.


(6) For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.


c. Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.


(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.


(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.


(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.


The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.


Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.


d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.


e. A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.


Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.


A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.


f. Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.



CREDIT(S)


L.1978, c. 95, § 2C:20-11, eff. Sept. 1, 1979. Amended by L.1979, c. 178, § 35B, eff. Sept. 1, 1979; L.1997, c. 319, § 1, eff. Jan. 8, 1998; L.2000, c. 16, § 1, eff. April 28, 2000; L.2006, c. 56, § 1, eff. Aug. 2, 2006.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-11.1

Effective: April 28, 2000


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-11.1. Guidelines for uniform prosecution


The Attorney General shall develop, no later than the 120th day after the effective date of this act, guidelines to ensure that the prosecution of shoplifting offenses is conducted in a uniform manner throughout the State.



CREDIT(S)


L.2000, c. 16, § 2, eff. April 28, 2000.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-11.2

Effective: August 2, 2006


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-11.2. Leaders of organized retail theft enterprises; penalties


A person is a leader of an organized retail theft enterprise if he conspires with others as an organizer, supervisor, financier or manager, to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of shoplifted merchandise. Leader of organized retail theft enterprise is a crime of the second degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may impose a fine not to exceed $250,000 or five times the retail value of the merchandise seized at the time of the arrest, whichever is greater.


Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of organized retail theft enterprise shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this section shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this section be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction for any other offense.


It shall not be necessary in any prosecution under this section for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the amount of merchandise involved, or the amount of cash or currency involved.


It shall not be a defense to a prosecution under this section that any shoplifted merchandise was brought into or transported in this State solely for ultimate distribution in another jurisdiction; nor shall it be a defense that any profit was intended to be made in another jurisdiction.



CREDIT(S)


L.2006, c. 56, § 2, eff. Aug. 2, 2006.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-12

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-12. Library material and library facility defined


The following definitions apply to sections 2 through 4 of this act [FN1] as they relate to the theft of library material:


a. “Library material” means any material, regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility;


b. “Library facility” means any public library, any library of an educational, historical, or charitable institution, organization or society, or any museum.



CREDIT(S)


L.1985, c. 373, § 1, eff. Nov. 26, 1985.


[FN1] N.J.S.A. §§ 2C:20-13 to 2C:20-15.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-13

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-13. Library materials; purposeful concealment; prima facie presumption


Any person who purposely conceals, on or off the premises of the library facility, upon his person or among his belongings, or upon the person or among the belongings of another, any library material shall be prima facie presumed to have concealed the material for the purpose of depriving the library facility of its use or benefit.



CREDIT(S)


L.1985, c. 373, § 2, eff. Nov. 26, 1985.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-14

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-14. Taking person into custody for probable cause for belief of willfully concealing library material; arrest without warrant; probable cause for belief of theft; immunity from liability


a. A law enforcement officer, a special officer, or an employee of a library facility who has probable cause for believing that a person has willfully concealed library material and that he can recover the material by taking the person into custody, may, for the purpose of attempting to recover the material, take the person into custody and detain him in a reasonable manner for a reasonable time. Taking the person into custody shall not render the law enforcement officer, the special officer, or the employee of a library facility civilly or criminally liable.


b. Any law enforcement officer who has probable cause for believing that a person has committed the offense of theft of library material may arrest the person without warrant.


c. An employee of a library facility who causes the arrest of a person for theft of library material, as provided for in this act, shall not be civilly or criminally liable where the employee has probable cause for believing that the person arrested committed the offense of theft of library material.



CREDIT(S)


L.1985, c. 373, § 3, eff. Nov. 26, 1985.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-15

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-15. Sign; posting


All library facilities shall post at their primary entrances and exits a conspicuous sign to read as follows: IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIAL, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES WHO IS SUSPECTED OF COMMITTING A THEFT OF LIBRARY MATERIAL.



CREDIT(S)


L.1985, c. 373, § 4, eff. Nov. 26, 1985.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-16

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-16. Maintaining facility for sale of stolen automobiles or their parts


a. A person who knowingly maintains or operates any premises, place or facility used for the remodeling, repainting, or separating of automobile parts for resale of any stolen automobile is guilty of a crime of the second degree.


b. Notwithstanding any provision of law to the contrary, any person convicted of a violation of this section shall forthwith forfeit his right to operate a motor vehicle in this State for a period to be fixed by the court at not less than three nor more than five years. The court shall cause a report of the conviction to be filed with the Director of the Division of Motor Vehicles.



CREDIT(S)


L.1991, c. 80, § 1, eff. April 2, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-17

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-17. Employment of juvenile to commit automobile theft


a. A person who is at least 18 years of age who knowingly uses, solicits, directs, hires or employs a person who is in fact 17 years of age or younger to commit theft of an automobile is guilty of a crime of the second degree. Notwithstanding the provisions of N.J.S. 2C:1-8, a conviction under this section shall not merge with a conviction for theft of an automobile. Nothing contained in this act shall prohibit the court from imposing an extended term pursuant to N.J.S. 2C:43-7; nor shall this act be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S. 2C:5-2, or any prosecution or conviction for any other offense.


b. It shall be no defense to a prosecution under this section that the actor mistakenly believed that the person which the actor used, solicited, directed, hired or employed was older than 17 years of age, even if such mistaken belief was reasonable.



CREDIT(S)


L.1991, c. 81, § 1, eff. April 2, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-18

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-18. Leader of auto theft trafficking network


A person is a leader of an auto theft trafficking network if he conspires with others as an organizer, supervisor, financier or manager, to engage for profit in a scheme or course of conduct to unlawfully take, dispose of, distribute, bring into or transport in this State automobiles as stolen property. Leader of auto theft trafficking network is a crime of the second degree. Notwithstanding the provisions of subsection a. of N.J.S. 2C:43-3, the court may impose a fine not to exceed $250,000.00 or five times the retail value of the automobiles seized at the time of the arrest, whichever is greater.


Notwithstanding the provisions of N.J.S. 2C:1-8, a conviction of leader of auto theft trafficking network shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this act shall prohibit the court from imposing an extended term pursuant to N.J.S. 2C:43-7; nor shall this act be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S. 2C:5-2, or any prosecution or conviction for any other offense.


It shall not be necessary in any prosecution under this act for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the number of automobiles involved, or the amount of cash or currency involved.


It shall not be a defense to a prosecution under this act that the automobile was brought into or transported in this State solely for ultimate distribution in another jurisdiction; nor shall it be a defense that any profit was intended to be made in another jurisdiction.



CREDIT(S)


L.1991, c. 82, § 1, eff. April 2, 1991.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-19

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-19. Reserved


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-20

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-20. Civil actions


a. Any person damaged in his business or property by reason of a violation of section 7 of this amendatory and supplementary act [FN1] may sue therefor in any appropriate court and shall recover threefold any damages he sustains and the cost of the suit, including a reasonable attorney's fee, costs of investigation and litigation.


b. (1) All persons who have possessed or obtained control of stolen property are liable as principals and may be sued jointly or severally, whether or not possession or control was joint.


(2) Any person held liable for possession or control of stolen property under chapter 20 of Title 2C of the New Jersey Statutes shall have standing to bring a civil action for contribution from any person who possessed or exercised control over the stolen property and who knew, had reason to know, or was reckless with regard to the risk that it was stolen.


c. Any action for damages under chapter 20 of Title 2C of the New Jersey Statutes shall be maintained in the Superior Court sitting without a jury.



CREDIT(S)


L.1981, c. 167, § 8, eff. June 15, 1981. Amended by L.1991, c. 91, § 143, eff. April 9, 1991.


[FN1] N.J.S.A. § 2C:20-7.1.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-21

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-21. Injunctive relief by state; other persons


a. In addition to any other action or proceeding authorized by law, the Attorney General or a person alleging injury or loss, may bring an action in the Superior Court to enjoin violations of chapter 20 of Title 2C of the New Jersey Statutes, or to enjoin any acts in furtherance thereof. The Superior Court, in any action brought pursuant to this section, shall, after making due provision for the rights of innocent persons such as prior lienholders or other valid lienholders whose rights are prior to those of the State, grant relief as may be appropriate in the circumstances, including but not limited to:


(1) Ordering any defendant to divest himself of any interest in any enterprise, including real estate;


(2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of chapter 20 of Title 2C of the New Jersey Statutes; or


(3) Ordering the dissolution or reorganization of any enterprise; or


(4) Ordering the suspension or revocation of any license, permit, or prior approval granted to any enterprise by any department or agency of the State; or


(5) Ordering the forfeiture of the charter of a corporation organized under the laws of this State or the revocation of a certificate authorizing a foreign corporation to conduct business within this State, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of chapter 20 of Title 2C of the New Jersey Statutes and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.


b. In any action the Attorney General or injured person shall move as soon as practicable for a hearing and determination. Pending final determination, the Superior Court may enter temporary orders, including restraints and prohibitions, or take other actions as are in the interest of justice.



CREDIT(S)


L.1981, c. 167, § 9, eff. June 15, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-22

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

I. General Provisions (Refs & Annos)

2C:20-22. Estoppel


A final judgment rendered in favor of the Attorney General or other person in any criminal action, or proceeding under chapter 20 of Title 2C of the New Jersey Statutes, shall estop the defendant in the action or proceeding in any subsequent civil action or proceeding under chapter 20 of Title 2C of the New Jersey Statutes as to all matters as to which the judgment in the action or proceeding would be an estoppel as between the parties to it.



CREDIT(S)


L.1981, c. 167, § 10, eff. June 15, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 2, Ch. 20, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses

II. Computer-Related Crimes


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-23

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-23. Definitions


As used in this act:


a. “Access” means to instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer storage medium, computer system, or computer network.


b. “Computer” means an electronic, magnetic, optical, electrochemical or other high speed data processing device or another similar device capable of executing a computer program, including arithmetic, logic, memory, data storage or input-output operations and includes all computer equipment connected to such a device, computer system or computer network, but shall not include an automated typewriter or typesetter or a portable, hand-held calculator.


c. “Computer equipment” means any equipment or devices, including all input, output, processing, storage, software, or communications facilities, intended to interface with the computer.


d. “Computer network” means the interconnection of communication lines, including microwave or other means of electronic communications, with a computer through remote terminals, or a complex consisting of two or more interconnected computers, and shall include the Internet.


e. “Computer program” means a series of instructions or statements executable on a computer, which directs the computer system in a manner to produce a desired result.


f. “Computer software” means a set of computer programs, data, procedures, and associated documentation concerned with the operation of a computer system.


g. “Computer system” means a set of interconnected computer equipment intended to operate as a cohesive system.


h. “Data” means information, facts, concepts, or instructions contained in a computer, computer storage medium, computer system, or computer network. It shall also include, but not be limited to, any alphanumeric, hexadecimal, octal or binary code.


i. “Data base” means a collection of data.


j. “Financial instrument” includes but is not limited to a check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security and any computer representation of these items.


k. “Services” includes but is not limited to the use of a computer system, computer network, computer programs, data prepared for computer use and data contained within a computer system or computer network.


l. “Personal identifying information” shall have the meaning set forth in subsection a. of N.J.S.2C:21-17, and shall also include passwords and other codes that permit access to any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network, where access is intended to be secure, restricted or limited.


m. “Internet” means the international computer network of both federal and non-federal interoperable packet switched data networks.


n. “Alter,” “damage” or “ destroy” shall include, but not be limited to, any change or impairment to the integrity or availability of any data or other information, data base, computer program, computer software, computer equipment, computer, computer storage medium, computer system, or computer network by any means including introduction of a computer contaminant.


o. “User of computer services” shall include, but not be limited to, any person, business, computer, computer network, computer system, computer equipment or any other device which makes use of any resources of a computer, computer network, computer system, computer storage medium, computer equipment, data or data base.


p. “Computer contaminant” means any set of computer instructions that are designed to alter, damage, destroy, record or transmit information within a computer, computer system or computer network without the authorization of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, alter, damage, destroy, record or transmit data or in some other fashion usurp the normal operation of the computer, computer program, computer operations, computer services or computer network.


q. “Authorization” means permission, authority or consent given by a person who possesses lawful authority to grant such permission, authority or consent to another person to access, operate, use, obtain, take, copy, alter, damage or destroy a computer, computer network, computer system, computer equipment, computer software, computer program, computer storage medium, or data. An actor has authorization if a reasonable person would believe that the act was authorized.



CREDIT(S)


L.1984, c. 184, § 2, eff. March 14, 1985. Amended by L.2003, c. 39, § 1, eff. April 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-24

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-24. Value of property or services


For the purposes of this act, the value of any property or services, including the use of computer time, shall be their fair market value, if it is determined that a willing buyer and willing seller exist. Value shall include the cost of repair or remediation of any damage caused by an unlawful act and the gross revenue from any lost business opportunity caused by the unlawful act. The value of any lost business opportunity may be determined by comparison to gross revenue generated before the unlawful act that resulted in the lost business opportunity. Value shall include, but not be limited to, the cost of generating or obtaining data and storing it within a computer or computer system.



CREDIT(S)


L.1984, c. 184, § 3, eff. March 14, 1985. Amended by L.2003, c. 39, § 2, eff. April 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-25

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-25. Computer-related theft


A person is guilty of computer criminal activity if the person purposely or knowingly and without authorization, or in excess of authorization:


a. Accesses any data, data base, computer storage medium, computer program, computer software , computer equipment , computer, computer system or computer network;


b. Alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer system or computer network, or denies, disrupts or impairs computer services, including access to any part of the Internet, that are available to any other user of the computer services;


c. Accesses or attempts to access any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property, personal identifying information, or money, from the owner of a computer or any third party;


d. (Deleted by amendment, P.L.2003, c.39).


e. Obtains, takes, copies or uses any data, data base, computer program, computer software, personal identifying information, or other information stored in a computer, computer network, computer system, computer equipment or computer storage medium; or


f. Accesses and recklessly alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network.


g. A violation of subsection a. of this section is a crime of the third degree. A violation of subsection b. is a crime of the second degree. A violation of subsection c. is a crime of the third degree, except that it is a crime of the second degree if the value of the services, property, personal identifying information, or money obtained or sought to be obtained exceeds $ 5,000. A violation of subsection e. is a crime of the third degree, except that it is a crime of the second degree if the data, data base, computer program, computer software, or information:


(1) is or contains personal identifying information, medical diagnoses, treatments or other medical information concerning an identifiable person;


(2) is or contains governmental records or other information that is protected from disclosure by law, court order or rule of court; or


(3) has a value exceeding $5,000.


A violation of subsection f. is a crime of the fourth degree, except that it is a crime of the third degree if the value of the damage exceeds $5,000.


A violation of any subsection of this section is a crime of the first degree if the offense results in:


(1) a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. The term “substantial interruption or impairment” shall mean such interruption or impairment that:


(a) affects 10 or more structures or habitations;


(b) lasts for two or more hours; or


(c) creates a risk of death or significant bodily injury to any person;


(2) damages or loss in excess of $250,000; or


(3) significant bodily injury to any person.


Every sentence of imprisonment for a crime of the first degree committed in violation of this section shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.


h. Every sentence imposed upon a conviction pursuant to this section shall, if the victim is a government agency, include a period of imprisonment. The period of imprisonment shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole. The victim shall be deemed to be a government agency if a computer, computer network, computer storage medium, computer system, computer equipment, computer program, computer software, computer data or data base that is a subject of the crime is owned, operated or maintained by or on behalf of a governmental agency or unit of State or local government or a public authority. The defendant shall be strictly liable under this subsection and it shall not be a defense that the defendant did not know or intend that the victim was a government agency, or that the defendant intended that there be other victims of the crime.


A violation of any subsection of this section shall be a distinct offense from a violation of any other subsection of this section, and a conviction for a violation of any subsection of this section shall not merge with a conviction for a violation of any other subsection of this section or section 10 of P.L.1984, c. 184 (C.2C:20-31), or for conspiring or attempting to violate any subsection of this section or section 10 of P.L.1984, c. 184 (C.2C:20-31), and a separate sentence shall be imposed for each such conviction.


When a violation of any subsection of this section involves an offense committed against a person under 18 years of age, the violation shall constitute an aggravating circumstance to be considered by the court when determining the appropriate sentence to be imposed.



CREDIT(S)


L.1984, c. 184, § 4, eff. March 14, 1985. Amended by L.2003, c. 39, § 3, eff. April 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-26

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-26 to 2C:20-30. Repealed by L.2003, c. 39, § 9, eff. April 14, 2003


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-27

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-26 to 2C:20-30. Repealed by L.2003, c. 39, § 9, eff. April 14, 2003


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-28

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-26 to 2C:20-30. Repealed by L.2003, c. 39, § 9, eff. April 14, 2003


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-29

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-26 to 2C:20-30. Repealed by L.2003, c. 39, § 9, eff. April 14, 2003


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-30

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-26 to 2C:20-30. Repealed by L.2003, c. 39, § 9, eff. April 14, 2003


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-31

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-31. Disclosure of data from wrongful access; no assessable damage; degree of crime


a. A person is guilty of a crime of the third degree if the person purposely or knowingly and without authorization, or in excess of authorization, accesses any data, data base, computer, computer storage medium, computer software, computer equipment, computer system and knowingly or recklessly discloses or causes to be disclosed any data, data base, computer software, computer programs or personal identifying information.


b. A person is guilty of a crime of the second degree if the person purposely or knowingly and without authorization, or in excess of authorization, accesses any data, data base, computer, computer storage medium, computer software, computer equipment, computer system or computer network and purposely or knowingly discloses or causes to be disclosed any data, data base, computer software, computer program or other information that is protected from disclosure by any law, court order or rule of court. Every sentence imposed upon a conviction pursuant to this subsection shall include a period of imprisonment. The period of imprisonment shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.



CREDIT(S)


L.1984, c. 184, § 10, eff. March 14, 1985. Amended by L.2003, c. 39, § 4, eff. April 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-32

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-32. Repealed by L.2003, c. 39, § 9, eff. April 14, 2003


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-33

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-33. Copy or alteration of program or software with value of $1,000 or less


It is an affirmative defense to a prosecution pursuant to subsection e. of section 4 of P.L.1984, c. 184 (C.2C:20-25), which shall be proved by clear and convincing evidence, that the actor obtained, copied or accessed a computer program or computer software that had a retail value of less than $1, 000 and the actor did not disseminate or disclose the program or software to any other person.



CREDIT(S)


L.1984, c. 184, § 12, eff. March 14, 1985. Amended by L.2003, c. 39, § 5, eff. April 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-34

Effective: April 14, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-34. Situs of offense


For the purpose of prosecution under this act, and in addition to determining the situs of the offense pursuant to the provisions of N.J.S.2C:1-3, the situs of an offense of computer criminal activity shall also be the location of the computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network which is accessed, or where the computer, computer storage medium, computer program, computer software, computer equipment, computer system, computer network or other device used in the offense is situated, or where the actual damage occurs.



CREDIT(S)


L.1984, c. 184, § 13, eff. March 14, 1985. Amended by L.2003, c. 39, § 6, eff. April 14, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-35

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-35. Definitions


As used in this act:


“ATP card” means a document issued by a State or federal agency, to a certified household, to show the food stamp allotment a household is authorized to receive on presentation.


“Benefit card” means a card used or intended for use to access Work First New Jersey, food stamp or other benefits as determined by the Commissioner of Human Services under the electronic benefit distribution system established pursuant to the “Public Assistance Electronic Benefit Distribution System Act,” P.L.1985, c. 501 (C.44:10-5.1 et seq.) and continued pursuant to P.L.1997, c. 37 (C.44:10-71 et al.).


“Department” means the Department of Human Services.


“Food stamp coupon” means any coupon or stamp used or intended for use in the purchase of food pursuant to the federal food stamp program authorized by Title XIII of the “Food and Agriculture Act of 1977,” Pub.L.95-113 (7 U.S.C. s.2011 et seq.), or the New Jersey Supplementary Food Stamp Program established pursuant to P.L.1998, c. 32 (C.44:10-79 et al.).



CREDIT(S)


L.1993, c. 13, § 1, eff. Jan. 15, 1993. Amended by L.1995, c. 215, § 1, eff. Aug. 14, 1995; L.1997, c. 37, § 8, eff. March 24, 1997; L.1998, c. 32, § 7, eff. July 1, 1998.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-36

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-36. Prohibited transactions involving food stamp coupons or ATP card of $150 or more; crime of the fourth degree


If the face value of food stamp coupons or an ATP card or benefit card is equal to or greater than $150, an individual shall be guilty of a crime of the fourth degree if he purposely or knowingly and without authorization:


a. Receives or uses the proceeds of food stamp coupons or an ATP card or benefit card for which he has not applied or has not been approved by the department to use;


b. Engages in any transaction to convert food stamp coupons or an ATP card or benefit card to other property contrary to federal and State government rules and regulations governing the Work First New Jersey program, the federal food stamp program, the New Jersey Supplementary Food Stamp Program, or any other program included in the electronic benefit distribution system; or


c. Transfers food stamp coupons or an ATP card or benefit card to another person who is not lawfully entitled or approved by the department to use the coupons or ATP card or benefit card.



CREDIT(S)


L.1993, c. 13, § 2, eff. Jan. 15, 1993. Amended by L.1995, c. 215, § 2, eff. Aug. 14, 1995; L.1997, c. 37, § 9, eff. March 24, 1997; L.1998, c. 32, § 8, eff. July 1, 1998.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-37

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-37. Prohibited transactions involving food stamp coupons or ATP card of less than $150; disorderly persons offense


If the face value of food stamp coupons or an ATP card or benefit card is less than $150, an individual shall be guilty of a disorderly persons offense if he purposely or knowingly and without authorization:


a. Receives or uses the proceeds of food stamp coupons or an ATP card or benefit card for which he has not applied or has not been approved, by the department, to use;


b. Engages in any transaction to convert food stamp coupons or an ATP card or benefit card to other property contrary to federal and State government rules and regulations governing the Work First New Jersey program, the federal food stamp program, the New Jersey Supplementary Food Stamp Program, or any other program included in the electronic benefit distribution system; or


c. Transfers food stamp coupons or an ATP card or benefit card to another person who is not lawfully entitled or approved, by the department, to use the coupons or ATP card or benefit card.



CREDIT(S)


L.1993, c. 13, § 3, eff. Jan. 15, 1993. Amended by L.1995, c. 215, § 3, eff. Aug. 14, 1995; L.1997, c. 37, § 10, eff. March 24, 1997; L.1998, c. 32, § 9, eff. July 1, 1998.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:20-38

Effective: January 25, 2011


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 20. Theft and Related Offenses (Refs & Annos)

II. Computer-Related Crimes (Refs & Annos)

2C:20-38. Prohibited transactions involving electronic vehicle identification system transponders; fine to be imposed


Notwithstanding the provisions of Title 2C of the New Jersey Statutes to the contrary, a person convicted of theft of an electronic vehicle identification system transponder under subparagraph (b) of paragraph (4) of subsection b. of N.J.S.2C:20-2 shall, in lieu of the fine prescribed for that offense, be subject to a fine of not less than $500 nor more than $10,000 upon conviction.



CREDIT(S)


L.2011, c. 1, § 2, eff. Jan. 25, 2011.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. T. 2C, Subt. 2, Pt. 2, Ch. 21, Refs & Annos

New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-1

Effective: October 16, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-1. Forgery and related offenses


a. Forgery. A person is guilty of forgery if, with purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:


(1) Alters or changes any writing of another without his authorization;


(2) Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act or of a fictitious person, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or


(3) Utters any writing which he knows to be forged in a manner specified in paragraph (1) or (2).


“Writing” includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, access devices, and other symbols of value, right, privilege, or identification, including retail sales receipts, universal product code (UPC) labels and checks. This section shall apply without limitation to forged, copied or imitated checks.


As used in this section, “information” includes, but is not limited to, personal identifying information as defined in subsection v. of N.J.S.2C:20-1.


b. Grading of forgery. Forgery is a crime of the third degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments, certificates or licenses issued by the government, New Jersey Prescription Blanks as referred to in R.S.45:14-14, or part of an issue of stock, bonds or other instruments representing interest in or claims against any property or enterprise, personal identifying information or an access device. Forgery is a crime of the third degree if the writing is or purports to be a check. Forgery is a crime of the third degree if the writing is or purports to be 15 or more forged or altered retail sales receipts or universal product code labels.


Otherwise forgery is a crime of the fourth degree.


c. Possession of forgery devices. A person is guilty of possession of forgery devices, a crime of the third degree, when with purpose to use, or to aid or permit another to use the same for purposes of forging written instruments, including access devices and personal identifying information, he makes or possesses any device, apparatus, equipment, computer, computer equipment, computer software or article specially designed or adapted to such use.



CREDIT(S)


L.1978, c. 95, § 2C:21-1, eff. Sept. 1, 1979. Amended by L.1981, c. 290, § 20, eff. Sept. 24, 1981; L.1996, c. 154, § 10, eff. Jan. 6, 1997; L.1997, c. 6, § 5, eff. Jan. 24, 1997; L.2001, c. 110, § 1, eff. June 21, 2001; L.2002, c. 85, § 2, eff. Oct. 16, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-2. Criminal simulation


A person commits a crime of the fourth degree if, with purpose to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters any object so that it appears to have value because of antiquity, rarity, source, or authorship which it does not possess.



CREDIT(S)


L.1978, c. 95, § 2C:21-2, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-2.1

Effective: September 22, 2005


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-2.1. Driver's license, birth certificate or other document issued by governmental agency to verify identity or age; simulation


a. A person who knowingly sells, offers or exposes for sale, or otherwise transfers, or possesses with the intent to sell, offer or expose for sale, or otherwise transfer, a document, printed form or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the second degree.


b. A person who knowingly makes, or possesses devices or materials to make, a document or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the second degree.


c. A person who knowingly exhibits, displays or utters a document or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the third degree. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c. 264 (C.2C:33-15),R.S.33:1-81 or section 6 of P.L.1968, c. 313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his age for the purpose of obtaining tobacco or other consumer product denied to persons under 18 years of age shall not constitute an offense under this subsection if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.


d. A person who knowingly possesses a document or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the fourth degree. A violation of N.J. S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c. 264 (C.2C:33-15), R.S.33:1-81 or section 6 of P.L.1968, c. 313 (C.33:1-81. 7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent his age for the purpose of obtaining tobacco or other consumer product denied to persons under 18 years of age shall not constitute an offense under this subsection if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.


e. In addition to any other disposition authorized by this Title, the provisions of section 24 of P.L.1982, c. 77 (C.2A:4A-43), or any other statute indicating the dispositions that may be ordered for an adjudication of delinquency, and, notwithstanding the provisions of subsection c. of N.J.S.2C:43-2, every person convicted of or adjudicated delinquent for a violation of any offense defined in this section shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed. In the case of any person who at the time of the imposition of the sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension or postponement.


The court before whom any person is convicted of or adjudicated delinquent for a violation of any offense defined in this section shall collect forthwith the New Jersey driver's license or licenses of that person and forward the license or licenses to the Chief Administrator of the New Jersey Motor Vehicle Commission along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. The report shall include the complete name, address, date of birth, eye color and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license, but shall notify forthwith the director who shall notify the appropriate officials in that licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privileges in this State.


In addition to any other condition imposed, a court, in its discretion, may suspend, revoke or postpone the driving privileges of a person admitted to supervisory treatment under N.J.S.2C:36A-1 or N.J.S.2C:43-12 without a plea of guilty or finding of guilt.



CREDIT(S)


L.1983, c. 565, § 1, eff. Jan. 17, 1984. Amended by L.1999, c. 28, § 14, eff. Feb. 25, 1999; L.2002, c. 85, § 3, eff. Oct. 16, 2002; L.2003, c. 184, § 2, eff. Sept. 25, 2003; L.2005, c. 224, § 1, eff. Sept. 22, 2005.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-2.1a

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-2.1a. [Reallocated as § 2C:21-2.3]


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-2.2

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-2.2. Law enforcement agency badges; unauthorized sale, purchase, gift, or loan


It shall be a disorderly persons offense to:


a. Sell a law enforcement agency badge, the prescribed form of which is presently in use or has been in use in New Jersey during any of the five years preceding the sale, to a person other than a member of a law enforcement agency who presents a letter authorizing the purchase, signed by the commanding officer of that law enforcement agency;


b. Purchase a law enforcement agency badge, described in subsection a. of this section, unless the purchaser is a member of a law enforcement agency who presents a letter authorizing the purchase, signed by the commanding officer of that law enforcement agency; or


c. Give or lend a law enforcement agency badge described in subsection a. of this section, unless the person to whom a badge was given or loaned is a member of a law enforcement agency who presents a letter authorizing the transfer, signed by the commanding officer of that law enforcement agency.



CREDIT(S)


L.1987, c. 29, § 1, eff. Jan. 27, 1987.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-2.3

Effective: June 26, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-2.3. Motor vehicle insurance identification card; production or sale


a. A person who knowingly produces, sells, offers or exposes for sale a document, printed form or other writing which simulates a motor vehicle insurance identification card is guilty of a crime of the third degree. In addition to any other penalty imposed, a person convicted under this section shall be ordered by the court to perform community service for a period of 30 days.


b. A person who exhibits or displays to a law enforcement officer or a person conducting a motor vehicle inspection pursuant to chapter 8 of Title 39 of the Revised Statutes a falsely made, forged, altered, counterfeited or simulated motor vehicle insurance identification card, knowing that the insurance identification card was falsely made, forged, altered, counterfeited or simulated, commits a crime of the fourth degree.


c. A person who possesses a falsely made, forged, altered, counterfeited or simulated motor vehicle insurance identification card, knowing that the insurance identification card was falsely made, forged, altered, counterfeited or simulated, commits a disorderly persons offense.



CREDIT(S)


L.1997, c. 385, § 2, eff. March 1, 1998. Amended by L.2001, c. 124, § 1, eff. June 26, 2001.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-2.4

Effective: June 21, 2001


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-2.4. Possession of forged or altered receipts, universal product code labels, or checks


a. Except as provided in subsection b. of this section, any person who knowingly possesses a forged or altered retail sales receipt, universal product code (UPC) label or check for the purpose of defrauding a retail merchant shall be guilty of a disorderly persons offense.


b. Any person who knowingly possesses 15 or more forged or altered retail sales receipts, universal product code labels or checks for the purpose of defrauding a retail merchant shall be guilty of a crime of the fourth degree.



CREDIT(S)


L.2001, c. 110, § 2, eff. June 21, 2001.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-3

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-3. Frauds relating to public records and recordable instruments


a. Fraudulent destruction, removal or concealment of recordable instruments. A person commits a crime of the third degree if, with purpose to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.


b. Offering a false instrument for filing. A person is guilty of a disorderly persons offense when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.



CREDIT(S)


L.1978, c. 95, § 2C:21-3, eff. Sept. 1, 1979.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4. Falsifying or tampering with records


a. Except as provided in subsection b. of this section, a person commits a crime of the fourth degree if he falsifies, destroys, removes, conceals any writing or record, or utters any writing or record knowing that it contains a false statement or information, with purpose to deceive or injure anyone or to conceal any wrongdoing.


b. Issuing a false financial statement. A person is guilty of issuing a false financial statement, a crime of the third degree, when, with purpose to deceive or injure anyone or to conceal any wrongdoing; he by oath or affirmation:


(1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some substantial respect; or


(2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to such person's current financial condition or ability to pay, whereas, he knows it is substantially inaccurate in that respect.



CREDIT(S)


L.1978, c. 95, § 2C:21-4, eff. Sept. 1, 1979. Amended by L.1981, c. 290, § 21, eff. Sept. 24, 1981.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4.1

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4.1. Purposeful destruction, alteration or falsification of record relating to care of medical or surgical or podiatric patient in order to deceive or mislead


A person is guilty of a crime of the fourth degree if he purposefully destroys, alters or falsifies any record relating to the care of a medical or surgical or podiatric patient in order to deceive or mislead any person as to information, including, but not limited to, a diagnosis, test, medication, treatment or medical or psychological history, concerning the patient.



CREDIT(S)


L.1989, c. 300, § 15, eff. Jan. 12, 1990.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4.2

Effective: January 4, 2006


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4.2. Definitions relating to health care claims fraud


As used in this act:


“Health care claims fraud” means making, or causing to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omitting a material fact from, or causing a material fact to be omitted from, any record, bill, claim or other document, in writing, electronically or in any other form, that a person attempts to submit, submits, causes to be submitted, or attempts to cause to be submitted for payment or reimbursement for health care services.


“Practitioner” means a person licensed in this State to practice medicine and surgery, chiropractic, podiatric medicine, dentistry, optometry, psychology, pharmacy, nursing, physical therapy, or law; any other person licensed, registered or certified by any State agency to practice a profession or occupation in the State of New Jersey or any person similarly licensed, registered, or certified in another jurisdiction.



CREDIT(S)


L.1997, c. 353, § 2, eff. Jan. 15, 1998. Amended by L.2005, c. 259, § 20, eff. Jan. 4, 2006.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4.3

Effective: June 9, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4.3. Health care claims fraud; elements; penalties; evidence


a. A practitioner is guilty of a crime of the second degree if that person knowingly commits health care claims fraud in the course of providing professional services. In addition to all other criminal penalties allowed by law, a person convicted under this subsection may be subject to a fine of up to five times the pecuniary benefit obtained or sought to be obtained.


b. A practitioner is guilty of a crime of the third degree if that person recklessly commits health care claims fraud in the course of providing professional services. In addition to all other criminal penalties allowed by law, a person convicted under this subsection may be subject to a fine of up to five times the pecuniary benefit obtained or sought to be obtained.


c. A person, who is not a practitioner subject to the provisions of subsection a. or b. of this section, is guilty of a crime of the third degree if that person knowingly commits health care claims fraud. A person, who is not a practitioner subject to the provisions of subsection a. or b. of this section, is guilty of a crime of the second degree if that person knowingly commits five or more acts of health care claims fraud and the aggregate pecuniary benefit obtained or sought to be obtained is at least $1,000. In addition to all other criminal penalties allowed by law, a person convicted under this subsection may be subject to a fine of up to five times the pecuniary benefit obtained or sought to be obtained.


d. A person, who is not a practitioner subject to the provisions of subsection a. or b. of this section, is guilty of a crime of the fourth degree if that person recklessly commits health care claims fraud. In addition to all other criminal penalties allowed by law, a person convicted under this subsection may be subject to a fine of up to five times the pecuniary benefit obtained or sought to be obtained.


e. Each act of health care claims fraud shall constitute an additional, separate and distinct offense, except that five or more separate acts may be aggregated for the purpose of establishing liability pursuant to subsection c. of this section. Multiple acts of health care claims fraud which are contained in a single record, bill, claim, application, payment, affidavit, certification or other document shall each constitute an additional, separate and distinct offense for purposes of this section.


f. (1) The falsity, fictitiousness, fraudulence or misleading nature of a statement may be inferred by the trier of fact in the case of a practitioner who attempts to submit, submits, causes to be submitted, or attempts to cause to be submitted, any record, bill, claim or other document for treatment or procedure without the practitioner, or an associate of the practitioner, having performed an assessment of the physical or mental condition of the patient or client necessary to determine the appropriate course of treatment.


(2) The falsity, fictitiousness, fraudulence or misleading nature of a statement may be inferred by the trier of fact in the case of a person who attempts to submit, submits, causes to be submitted, or attempts to cause to be submitted any record, bill, claim or other document for more treatments or procedures than can be performed during the time in which the treatments or procedures were represented to have been performed.


(3) Proof that a practitioner has signed or initialed a record, bill, claim or other document gives rise to an inference that the practitioner has read and reviewed that record, bill, claim or other document.


g. In order to promote the uniform enforcement of this act, the Attorney General shall develop health care claims fraud prosecution guidelines and disseminate them to the county prosecutors within 120 days of the effective date of this act.


h. For the purposes of this section, a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.


i. (1) Nothing in this act shall preclude an indictment and conviction for any other offense defined by the laws of this State.


(2) Nothing in this act shall preclude an assignment judge from dismissing a prosecution of health care claims fraud if the assignment judge determines, pursuant to N.J.S.2C:2-11, the conduct charged to be a de minimis infraction.



CREDIT(S)


L.1997, c. 353, § 3, eff. Jan. 15, 1998. Amended by L.2003, c. 89, § 75, eff. June 9, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4.4

Effective: August 15, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4.4. Legislative findings


With respect to sections 72 through 74 of P.L.2003, c.89 (C.17:33A-32 through C.17:33A-34), [FN1] the Legislature finds and declares:


a. Insurance fraud is inimical to public safety, welfare and order within the State of New Jersey. Insurance fraud is pervasive and expensive, costing consumers and businesses millions of dollars in direct and indirect losses each year. Insurance fraud increases insurance premiums, to the detriment of individual policyholders, small businesses, large corporations and governmental entities. All New Jerseyans ultimately bear the societal burdens and costs caused by those who commit insurance fraud.


b. The problem of insurance fraud must be confronted aggressively by facilitating the detection, investigation and prosecution of such misconduct, as well as by reducing its occurrence and achieving deterrence through the implementation of measures that more precisely target specific conduct constituting insurance fraud.


c. To enable more efficient prosecution of criminally culpable persons who knowingly commit or assist or conspire with others in committing fraud against insurance companies, it is necessary to establish a crime of “insurance fraud” to directly and comprehensively criminalize this type of harmful conduct, with substantial criminal penalties to punish wrongdoers and to appropriately deter others from such illicit activity.


d. In addition to criminal penalties, in order to maintain the public trust and ensure the integrity of professional licensees and certificate-holders who by virtue of their professions are involved in insurance transactions, it is appropriate to provide civil remedial provisions governing license or certificate forfeiture and suspension tailored to this new crime of insurance fraud and other criminal insurance-related activities.


e. To enhance the State's ability to detect insurance fraud, which will lead to more productive investigations and, ultimately, more successful criminal prosecutions, it is appropriate to provide members of the public with significant incentives to come forward when they may have reasonable suspicions or knowledge of a person or persons committing insurance fraud. The establishment of an Insurance Fraud Detection Reward Program will enable the Insurance Fraud Prosecutor to obtain information which may lead to the arrest, prosecution and conviction of persons or entities who have committed insurance-related fraud.



CREDIT(S)


L.2003, c. 89, § 71, eff. June 9, 2003.


[FN1]Reallocated at N.J.S.A. 2C:21-4.5 to 2C:21-4.7.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4.5

Effective: August 15, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4.5. Definitions


As used in sections 73 and 74 of P.L.2003, c.89 (C.17:33A-33; 17:33A-34), [FN1] unless the context otherwise requires, the following words and terms shall have the following meanings:


“Insurance company” means any person, company, corporation, unincorporated association, partnership, professional corporation, agency of government and any other entity authorized or permitted to do business in New Jersey, subject to regulation by the State, or incorporated or organized under the laws of any other state of the United States or of any foreign nation or of any province or territory thereof, to indemnify another against loss, damage, risk or liability arising from a contingent or unknown event. “Insurance company” includes, but is not limited to, an insurance company as that term is defined in section 3 of P.L.1983, c. 320 (C.17:33A-3), self-insurer, re-insurer, reciprocal exchange, inter-insurer, hospital, medical or health service corporation, health maintenance organization, surety, assigned risk plan, joint insurance fund, and any other entity legally engaged in the business of insurance as authorized or permitted by the State of New Jersey, including but not limited to any such entity incorporated or organized under the laws of any other state of the United States or of any foreign nation or of any province or territory thereof.


“Insurance policy” means the instrument, in writing, electronically or in any other form, in which are set forth the terms of any certificate of insurance, binder of coverage, contract of insurance or contract of re-insurance, issued by an insurance company, including, but not limited to, a State-assigned risk plan, plan of indemnity protection provided by or on behalf of a joint insurance fund or benefit plan, motor club service plan, or guaranty bond, surety bond, cash bond or any other alternative to insurance authorized or permitted by the State of New Jersey.


“Insurance transaction” means a transaction by, between, or among (1) an insurance company and (2) an insured, claimant, applicant for insurance, public adjuster, insurance professional, practitioner as defined by section 2 of P.L.1997, c. 353 (C.2C:21-4.2), attorney, or any person who acts on behalf of any of the foregoing for the purpose of obtaining insurance or reinsurance, calculating insurance premiums, submitting a claim, negotiating or adjusting a claim, or otherwise obtaining insurance, self insurance, or reinsurance, or obtaining the benefits or annuities thereof or therefrom.


“Premium finance transaction” means a transaction involving or related to insurance premium financing which is subject to the “Insurance Premium Finance Company Act,” P.L.1968, c. 221 (C.17:16D-1 et seq.).



CREDIT(S)


L.2003, c. 89, § 72, eff. June 9, 2003.


[FN1]Reallocated at N.J.S.A. 2C:21-4.6 and 2C:21-4.7.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4.6

Effective: August 15, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4.6. Insurance fraud


a. A person is guilty of the crime of insurance fraud if that person knowingly makes, or causes to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omits a material fact from, or causes a material fact to be omitted from, any record, bill, claim or other document, in writing, electronically, orally or in any other form, that a person attempts to submit, submits, causes to be submitted, or attempts to cause to be submitted as part of, in support of or opposition to or in connection with: (1) a claim for payment, reimbursement or other benefit pursuant to an insurance policy, or from an insurance company or the “Unsatisfied Claim and Judgment Fund Law,” P.L.1952, c. 174 (C.39:6-61 et seq.); (2) an application to obtain or renew an insurance policy; (3) any payment made or to be made in accordance with the terms of an insurance policy or premium finance transaction; or (4) an affidavit, certification, record or other document used in any insurance or premium finance transaction.


b. Insurance fraud constitutes a crime of the second degree if the person knowingly commits five or more acts of insurance fraud, including acts of health care claims fraud pursuant to section 2 of P.L.1997, c. 353 (C.2C:21-4.2) and if the aggregate value of property, services or other benefit wrongfully obtained or sought to be obtained is at least $1,000. Otherwise, insurance fraud is a crime of the third degree. Each act of insurance fraud shall constitute an additional, separate and distinct offense, except that five or more separate acts may be aggregated for the purpose of establishing liability pursuant to this subsection. Multiple acts of insurance fraud which are contained in a single record, bill, claim, application, payment, affidavit, certification or other document shall each constitute an additional, separate and distinct offense for purposes of this subsection.


c. Proof that a person has signed or initialed an application, bill, claim, affidavit, certification, record or other document may give rise to an inference that the person has read and reviewed the application, bill, claim, affidavit, certification, record or other document.


d. In order to promote the uniform enforcement of this act, the Attorney General shall develop insurance fraud prosecution guidelines and disseminate them to county prosecutors within 180 days of the effective date of this act.


e. Nothing in this act shall preclude an indictment and conviction for any other offense defined by the laws of this State.


f. Nothing in this act shall preclude an assignment judge from dismissing a prosecution of insurance fraud if the assignment judge determines, pursuant to N.J.S.2C:2-11, the conduct charged to be a de minimis infraction.



CREDIT(S)


L.2003, c. 89, § 73, eff. June 9, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4.7

Effective: August 15, 2003


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4.7. Insurance fraud detection reward program


a. There is established within the Office of the Insurance Fraud Prosecutor an Insurance Fraud Detection Reward Program, to be funded from surcharges imposed pursuant to section 53 of P.L.2002, c. 34 (C.17:33A-5.1) and supplemented as necessary and appropriate by amounts budgeted for the operation of the office.


b. A member of the public who has knowledge of or who believes that an act of health care claims fraud, insurance fraud or any other criminal offense involving or related to an insurance transaction is being or has been committed may provide the Insurance Fraud Prosecutor with a report or information pertinent to that knowledge or belief and may provide additional information that the Insurance Fraud Prosecutor requests.


c. The Insurance Fraud Prosecutor shall maintain a 24-hour toll-free insurance fraud hotline to receive information from members of the public who have knowledge of or who believe that an act of health care claims fraud, insurance fraud or any other criminal offense involving or related to an insurance transaction is being or has been committed.


d. The Attorney General, through the Insurance Fraud Prosecutor, is authorized to pay a reward of up to $25,000 to persons providing information leading to the arrest, prosecution and conviction of persons or entities who have committed health care claims fraud, insurance fraud or any other criminal offense related to an insurance transaction. Only a single reward amount may be paid by the Insurance Fraud Prosecutor for claims arising out of the same transaction or occurrence, regardless of the number of persons arrested, prosecuted and convicted and regardless of the number of persons submitting claims for the reward. The reward may be divided and disbursed among more than one person in amounts determined by the Insurance Fraud Prosecutor, in accordance with the provisions of this subsection. The decision of the Insurance Fraud Prosecutor as to the person or persons entitled to the reward shall be final unless the reward recipients shall disagree, in which event, the matter shall be referred to the Attorney General whose decision shall be final and shall not be subject to judicial review.


e. Any person acting in good faith who provides information in accordance with subsection b. of this section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such act.


f. The Attorney General shall promulgate and adopt rules and regulations which set forth the reward program application and approval process, including the criteria against which claims shall be evaluated, the basis for determining specific reward amounts, and the manner of reward disbursement. Applications for rewards authorized by this section must be submitted in accordance with rules established by the Attorney General.



CREDIT(S)


L.2003, c. 89, § 74, eff. June 9, 2003.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-4.8

Effective: January 9, 2004


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-4.8. Penalties for vehicle title fraud


a. A person who purposely or knowingly violates a provision of chapter 10 of Title 39 of the Revised Statutes, for which a specific penalty is not provided in that chapter or this section, shall be guilty of a crime of the fourth degree.


b. A person who purposely or knowingly commits the following violations of chapter 10 of Title 39 of the Revised Statutes shall be guilty of a crime of the third degree:


(1) Makes a misrepresentation or false statement in any title papers or other papers submitted to the Chief Administrator of the New Jersey Motor Vehicle Commission in connection therewith;


(2) Purchases, receives or obtains a motor vehicle on a title paper in violation of chapter 10 of Title 39 of the Revised Statutes;


(3) Forges, changes or counterfeits a part of title papers;


(4) Misrepresents a number placed on a motor vehicle by the manufacturer, or in any other manner misrepresents the description of a motor vehicle; or


(5) Uses title papers on or for a wrong motor vehicle, with intent to evade or violate the requirements of chapter 10 of Title 39 of the Revised Statutes.



CREDIT(S)


L.2003, c. 217, § 2, eff. Jan. 9, 2004.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-5

Effective: August 14, 2002


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-5. Bad checks


A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits an offense as provided for in subsection c. of this section. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or money order (other than a post-dated check or order) would not be paid, if:


a. The issuer had no account with the drawee at the time the check or order was issued; or


b. Payment was refused by the drawee for lack of funds, or due to a closed account, after a deposit by the payee into a bank for collection or after presentation to the drawee within 46 days after issue, and the issuer failed to make good within 10 days after receiving notice of that refusal or after notice has been sent to the issuer's last known address. Notice of refusal may be given to the issuer orally or in writing in any reasonable manner by any person.


c. An offense under this section is:


(1) a crime of the second degree if the check or money order is $75,000.00 or more;


(2) a crime of the third degree if the check or money order is $1,000.00 or more but is less than $75,000.00;


(3) a crime of the fourth degree if the check or money order is $200.00 or more but is less than $1,000.00;


(4) a disorderly persons offense if the check or money order is less than $200.00.



CREDIT(S)


L.1978, c. 95, § 2C:21-5, eff. Sept. 1, 1979. Amended by L.1981, c. 290, § 22, eff. Sept. 24, 1981; L.2002, c. 65, § 1, eff. Aug. 14, 2002.


Current with laws effective through L.2013, c. 50, 52-59 and J.R. No. 8.



N.J.S.A. 2C:21-6

Effective:[See Text Amendments]


New Jersey Statutes Annotated Currentness

Title 2C. The New Jersey Code of Criminal Justice (Refs & Annos)

Subtitle 2. Definition of Specific Offenses

Part 2. Offenses Against Property

Chapter 21. Forgery and Fraudulent Practices (Refs & Annos)

2C:21-6. Credit cards


a. Definitions. As used in this section:


(1) “Cardholder” means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.


(2) “Credit card” means any tangible or intangible instrument or device issued with or without fee by an issuer that can be used, alone or in connection with another means of account access, in obtaining money, goods, services or anything else of value on