What is the Law on Sentencing in New Jersey?
Full Question:
Answer:
The answer will depend on all the circumstances involved. Please see the statutes below to determine applicability:
Please see the following NJ statutes:
2C:43-5. Young adult offenders
Any person who, at the time of sentencing, is less than 26 years
of age and who has been convicted of a crime may be sentenced to
an indeterminate term at the Youth Correctional Institution
Complex, in accordance with R.S. 30:4-146 et seq., in the case of
men, and to the Correctional Institution for Women, in accordance
with R.S. 30:4-153 et seq., in the case of women, instead of the
sentences otherwise authorized by the code. This section shall not
apply to any person less than 26 years of age at the time of
sentencing who qualifies for a mandatory minimum term of
imprisonment without eligibility for parole, pursuant to
subsection c. of N.J.S. 2C:43-6; however, notwithstanding the
provisions of subsection c. of N.J.S. 2C:43-6, the mandatory
minimum term may be served at the Youth Correctional Institution
Complex or the Correctional Institution for Women.
2C:43-6. Sentence of imprisonment for crime; ordinary terms; mandatory
terms.
a. Except as otherwise provided, a person who has been convicted of a
crime may be sentenced to imprisonment, as follows:
(1) In the case of a crime of the first degree, for a specific term of
years which shall be fixed by the court and shall be between 10 years and
20 years;
(2) In the case of a crime of the second degree, for a specific term of
years which shall be fixed by the court and shall be between five years
and 10 years;
(3) In the case of a crime of the third degree, for a specific term of
years which shall be fixed by the court and shall be between three years
and five years;
(4) In the case of a crime of the fourth degree, for a specific term
which shall be fixed by the court and shall not exceed 18 months.
b. As part of a sentence for any crime, where the court is clearly
convinced that the aggravating factors substantially outweigh the
mitigating factors, as set forth in subsections a. and b. of 2C:44-1, or
the court finds that the aggravating factor set forth in paragraph (5) of
subsection a. of N.J.S. 2C:44-1 applies, the court may fix a minimum term
not to exceed one-half of the term set pursuant to subsection a., or
one-half of the term set pursuant to a maximum period of incarceration
for a crime set forth in any statute other than this code, during which
the defendant shall not be eligible for parole; provided that no
defendant shall be eligible for parole at a date earlier than otherwise
provided by the law governing parole.
c. A person who has been convicted under subsection b. or d. of N.J.S.
2C:39-3, subsection a. of N.J.S. 2C:39-4, subsection a. of section 1 of
P.L. 1998, c. 26 (C. 2C:39-4.1), subsection a., b. or c. of N.J.S.
2C:39-5, subsection a. or paragraph (2) or (3) of subsection b. of
section 6 of P.L. 1979, c. 179 (C. 2C:39-7), or subsection a., b., e. or
g. of N.J.S. 2C:39-9, or of a crime under any of the following sections:
2C:11-3, 2C:11-4, 2C:12-1b., 2C:13-1, 2C:14-2a., 2C:14-3a., 2C:15-1,
2C:18-2, 2C:29-5, who, while in the course of committing or attempting to
commit the crime, including the immediate flight therefrom, used or was
in possession of a firearm as defined in 2C:39-1f., 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, or 18 months in the case of a
fourth degree crime, during which the defendant shall be ineligible for
parole.
The minimum terms established by this section shall not prevent
the court from imposing presumptive terms of imprisonment pursuant
to 2C:44-1f. (1) except in cases of crimes of the fourth degree.
A person who has been convicted of an offense enumerated by this
subsection and who used or possessed a firearm during its commission,
attempted commission or flight therefrom and who has been previously
convicted of an offense involving the use or possession of a firearm as
defined in 2C:44-3d., shall be sentenced by the court to an extended term
as authorized by 2C:43-7c., notwithstanding that extended terms are
ordinarily discretionary with the court.
d. The court shall not impose a mandatory sentence pursuant to
subsection c. of this section, 2C:43-7c. or 2C:44-3d., unless the ground
therefor has 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 weapon used or possessed was a
firearm. In making its finding, 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.
e. A person convicted of a third or subsequent offense involving State
taxes under N.J.S. 2C:20-9, N.J.S. 2C:21-15, any other provision of this
code, or under any of the provisions of Title 54 of the Revised
Statutes, or Title 54A of the New Jersey Statutes, as amended and
supplemented, shall be sentenced to a term of imprisonment by the court.
This shall not preclude an application for and imposition of an extended
term of imprisonment under N.J.S. 2C:44-3 if the provisions of that
section are applicable to the offender.
f. A person convicted of manufacturing, distributing, dispensing or
possessing with intent to distribute any dangerous substance or controlled
substance analog under N.J.S. 2C:35-5, of maintaining or operating a
controlled dangerous substance production facility under N.J.S. 2C:35-4,
of employing a juvenile in a drug distribution scheme under N.J.S.
2C:35-6, leader of a narcotics trafficking network under N.J.S. 2C:35-3,
or of distributing, dispensing or possessing with intent to distribute on
or near school property or buses under section 1 of P.L. 1987, c. 101
(C. 2C:35-7), who has been previously convicted of manufacturing,
distributing, dispensing or possessing with intent to distribute a
controlled dangerous substance or controlled substance analog, shall upon
application of the prosecuting attorney be sentenced by the court to an
extended term as authorized by subsection c. of N.J.S. 2C:43-7,
notwithstanding that extended terms are ordinarily discretionary with the
court. The term of imprisonment shall, except as may be provided in
N.J.S. 2C:35-12, 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, not
less than seven years if the person is convicted of a violation of
N.J.S. 2C:35-6, or 18 months in the case of a fourth degree crime, during
which the defendant shall be ineligible for parole.
The court shall not impose an extended term pursuant to this
subsection unless the ground therefor has been established at a hearing. At the
hearing, which may occur at the time of sentencing, the prosecutor shall
establish the ground therefor by a preponderance of the evidence. In
making its finding, 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.
For the purpose of this subsection, a previous conviction exists where
the actor has at any time been convicted under chapter 35 of this
title or Title 24 of the Revised Statutes or under any similar statute of the
United States, this State, or any other state for an offense that is
substantially equivalent to N.J.S. 2C:35-3, N.J.S. 2C:35-4, N.J.S.
2C:35-5, N.J.S. 2C:35-6 or section 1 of P.L. 1987, c. 101 (C. 2C:35-7).
g. Any person who has been convicted under subsection a. of N.J.S.
2C:39-4 or of a crime under any of the following sections: N.J.S.
2C:11-3, N.J.S. 2C:11-4, N.J.S. 2C:12-1b., N.J.S. 2C:13-1, N.J.S.
2C:14-2a., N.J.S. 2C:14-3a., N.J.S. 2C:15-1, N.J.S. 2C:18-2, N.J.S.
2C:29-5, N.J.S. 2C:35-5 who, while in the course of committing or
attempting to commit the crime, including the immediate flight
therefrom, used or was in possession of a machine gun or assault firearm
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 10 years for a crime of the first or second
degree, five years for a crime of the third degree, or 18 months in the
case of a fourth degree crime, during which the defendant shall be
ineligible for parole.
The minimum terms established by this section shall not prevent
the court from imposing presumptive terms of imprisonment pursuant
to paragraph (1) of subsection f. of N.J.S. 2C:44-1 for crimes of
the first degree.
A person who has been convicted of an offense enumerated in this
subsection and who used or possessed a machine gun or assault firearm
during its commission, attempted commission or flight therefrom and who
has been previously convicted of an offense involving the use or
possession of any firearm as defined in subsection d. of N.J.S. 2C:44-3,
shall be sentenced by the court to an extended term as authorized by
subsection d. of N.J.S. 2C:43-7, notwithstanding that extended terms are
ordinarily discretionary with the court.
h. The court shall not impose a mandatory sentence pursuant to
subsection g. of this section, subsection d. of N.J.S. 2C:43-7 or N.J.S.
2C:44-3, unless the ground therefor has 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 weapon used
or possessed was a machine gun or assault firearm. In making its
finding, 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.
i. A person who has been convicted under paragraph (6) of
subsection b. of 2C:12-1 of causing bodily injury while eluding 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. The minimum term established by this subsection shall not prevent
the court from imposing a presumptive term of imprisonment pursuant to
paragraph (1) of subsection f. of 2C:44-1.
2C:44-3 Criteria for sentence of extended term of imprisonment.
The court may, upon application of the prosecuting attorney, sentence a
person who has been convicted of a crime of the first, second or third
degree to an extended term of imprisonment if it finds one or more of the
grounds specified in subsection a., b., c., or f. of this section. If the
grounds specified in subsection d. are found, and the person is being
sentenced for commission of any of the offenses enumerated in N.J.S.
2C:43-6c. or N.J.S. 2C:43-6g., the court shall sentence the defendant to
an extended term as required by N.J.S. 2C:43-6c. or N.J.S. 2C:43-6g., and
application by the prosecutor shall not be required. The court shall, upon
application of the prosecuting attorney, sentence a person who has been
convicted of a crime under N.J.S. 2C:14-2 or N.J.S. 2C:14-3 to an
extended term of imprisonment if the grounds specified in subsection g.
of this section are found. The court shall, upon application of the
prosecuting attorney, sentence a person to an extended term if the
imposition of such term is required pursuant to the provisions of
section 2 of P.L. 1994, c. 130 (C. 2C:43-6.4). The finding of the court shall be
incorporated in the record.
a. The defendant has been convicted of a crime of the first, second or
third degree and is a persistent offender. A persistent offender is a
person who at the time of the commission of the crime is 21 years of age
or over, who has been previously convicted on at least two separate
occasions of two crimes, committed at different times, when he was at
least 18 years of age, if the latest in time of these crimes or the date
of the defendant's last release from confinement, whichever is later, is
within 10 years of the date of the crime for which the defendant is being
sentenced.
b. The defendant has been convicted of a crime of the first, second or
third degree and is a professional criminal. A professional criminal is a
person who committed a crime as part of a continuing criminal activity in
concert with two or more persons, and the circumstances of the crime show
he has knowingly devoted himself to criminal activity as a major source
of livelihood.
c. The defendant has been convicted of a crime of the first, second or
third degree and committed the crime as consideration for the receipt, or
in expectation of the receipt, of anything of pecuniary value the amount
of which was unrelated to the proceeds of the crime or he procured the
commission of the offense by payment or promise of payment of anything of
pecuniary value.
d. Second offender with a firearm. The defendant is at least 18 years
of age and has been previously convicted of any of the following crimes:
2C:11-3, 2C:11-4, 2C:12-1b., 2C:13-1, 2C:14-2a., 2C:14-3a., 2C:15-1,
2C:18-2, 2C:29-5, 2C:39-4a., or has been previously convicted of an
offense under Title 2A of the New Jersey Statutes or under any statute of
the United States or any other state which is substantially equivalent to
the offenses enumerated in this subsection and he used or possessed a
firearm, as defined in 2C:39-1f., in the course of committing or
attempting to commit any of these crimes, including the immediate flight
therefrom.
e. (Deleted by amendment, P.L. 2001, c. 443).
f. The defendant has been convicted of a crime under any of the
following sections: N.J.S. 2C:11-4, N.J.S. 2C:12-1b., N.J.S. 2C:13-1,
N.J.S. 2C:14-2a., N.J.S. 2C:14-3a., N.J.S. 2C:15-1, N.J.S. 2C:18-2,
N.J.S. 2C:29-2b., N.J.S. 2C:29-5, N.J.S. 2C:35-5, and in the course of
committing or attempting to commit the crime, including the immediate
flight therefrom, the defendant used or was in possession of a stolen
motor vehicle.
g. The defendant has been convicted of a crime under N.J.S. 2C:14-2 or
N.J.S. 2C:14-3 involving violence or the threat of violence and the
victim of the crime was 16 years of age or less.
For purposes of this subsection, a crime involves violence or the
threat of violence if the victim sustains serious bodily injury as
defined in subsection b. of N.J.S. 2C:11-1, or the actor is armed with
and uses a deadly weapon or threatens by word or gesture to use a deadly
weapon as defined in subsection c. of N.J.S. 2C:11-1, or threatens to
inflict serious bodily injury.
2C:44-5. Multiple sentences; concurrent and consecutive terms
a. Sentences of imprisonment for more than one offense. When
multiple sentences of imprisonment are imposed on a defendant for
more than one offense, including an offense for which a previous
suspended sentence or sentence of probation has been revoked, such
multiple sentences shall run concurrently or consecutively as the
court determines at the time of sentence, except that:
(1) The aggregate of consecutive terms to a county institution
shall not exceed 18 months; and
(2) Not more than one sentence for an extended term shall be
imposed.
There shall be no overall outer limit on the cumulation of
consecutive sentences for multiple offenses.
b. Sentences of imprisonment imposed at different times. When a
defendant who has previously been sentenced to imprisonment is
subsequently sentenced to another term for an offense committed
prior to the former sentence, other than an offense committed
while in custody:
(1) The multiple sentences imposed shall so far as possible
conform to subsection a. of this section; and
(2) Whether the court determines that the terms shall run
concurrently or consecutively, the defendant shall be credited
with time served in imprisonment on the prior sentence in
determining the permissible aggregate length of the term or terms
remaining to be served; and
(3) When a new sentence is imposed on a prisoner who is on
parole, the balance of the parole term on the former sentence
shall not be deemed to run during the period of the new
imprisonment unless the court determines otherwise at the time of
sentencing.
c. Sentence of imprisonment for offense committed while on
parole. When a defendant is sentenced to imprisonment for an
offense committed while on parole in this State, such term of
imprisonment and any period of reimprisonment that the parole
board may require the defendant to serve upon the revocation of
his parole shall run consecutively unless the court orders these
sentences to run concurrently.
d. Multiple sentences of imprisonment in other cases. Except as
otherwise provided in this section, multiple terms of imprisonment
shall run concurrently or consecutively as the court determines
when the second or subsequent sentence is imposed.
e. Calculation of concurrent and consecutive terms of
imprisonment.
(1) When terms of imprisonment run concurrently, the shorter
terms merge in and are satisfied by discharge of the longest term.
(2) When terms of imprisonment run consecutively, the terms are
added to arrive at an aggregate term to be served equal to the sum
of all terms.
f. Suspension of sentence or probation and imprisonment;
multiple terms of suspension and probation. When a defendant is
sentenced for more than one offense or a defendant already under
sentence is sentenced for another offense committed prior to the
former sentence:
(1) The court shall not sentence to probation a defendant who is
under sentence of imprisonment, except as authorized by
paragraph (2) of subsection b. of N.J.S. 2C:43-2;
(2) Multiple periods of suspension or probation shall run
consecutively, unless the court orders these sentences to run
concurrently from the date of the first such disposition;
(3) When a sentence of imprisonment in excess of one year is
imposed, the service of such sentence shall satisfy a suspended
sentence on another count or prior suspended sentence or sentence
to probation, unless the suspended sentence or probation has been
violated in which case any imprisonment for the violation shall
run consecutively; and
(4) When a sentence of imprisonment of one year or less is
imposed, the period of a suspended sentence on another count or a
prior suspended sentence or sentence to probation shall run during
the period of such imprisonment, unless the suspended sentence or
probation has been violated in which case any imprisonment for the
violation shall run consecutively.
g. Offense committed while under suspension of sentence or
probation. When a defendant is convicted of an offense committed
while under suspension of sentence or on probation and such
suspension or probation is not revoked:
(1) If the defendant is sentenced to imprisonment in excess of
one year, the service of such sentence shall not satisfy the prior
suspended sentence or sentence to probation, unless the court
determines otherwise at the time of sentencing;
(2) If the defendant is sentenced to imprisonment of one year or
less, the period of the suspension or probation shall not run
during the period of such imprisonment; and
(3) If sentence is suspended or the defendant is sentenced to
probation, the period of such suspension or probation shall run
concurrently with or consecutively to the remainder of the prior
periods, as the court determines at the time of sentence.
h. Offense committed while released pending disposition of a
previous offense. When a defendant is sentenced to imprisonment
for an offense committed while released, with or without bail,
pending disposition of a previous offense, the term of
imprisonment shall run consecutively to any sentence of
imprisonment imposed for the previous offense, unless the court,
in consideration of the character and conditions of the defendant,
finds that imposition of consecutive sentences would be a serious
injustice which overrides the need to deter such conduct by
others.
i. Sentence of imprisonment for assault on corrections employee.
Any term of imprisonment imposed on an inmate of a State or county
correctional facility for an assault on a Department of Corrections
employee, an employee of a county correctional facility, an employee
of a State juvenile facility or a county juvenile detention facility,
county sheriff's department employee or any State, county or municipal
law enforcement officer while in the performance of his duties shall
run consecutively to any term of imprisonment currently being served
and to any other term imposed for any other offense committed at the
time of the assault.
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 Youth and Family Services 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
(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.
(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 section.
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.
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.
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.
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.
2C:20-2. Consolidation of theft and computer criminal activity 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; or
(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.
(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;
(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. If the
amount involved was less than $200.00 the offense constitutes a
disorderly persons offense.
(4) 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.
