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NEW
JERSEY CRIMINAL
OFFENSES
Commons New Jersey
Criminal Offenses from Title 2C
2C:12-1
Assault. -Simple Assault -Aggravated 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 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 school board or any school bus driver employed
by an operator under contract to a 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
(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: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.
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,
or a substantial interruption or impairment of public communication,
transportation, supply of water, gas or power, or other public service.
(2)Criminal mischief is a crime of the fourth degree if the actor causes
pecuniary loss in excess of $500.00. 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.
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.
2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into
dwelling places; defenses
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. 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. 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.
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:20-11 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.
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 $75,000.00 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
$500.00 but is less than $75,000.00.
(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
$200.00 but does not exceed $500.00.
(4)Shoplifting is a disorderly persons offense under subsection b. of this
section if the full retail value of the merchandise is less than $200.00.
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.
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.
2C:29-1. Obstructing administration of law or other governmental function
Obstructing Administration of Law or Other Governmental Function. a. A
person commits an offense if he purposely obstructs, impairs or perverts
the administration of law or other governmental function or prevents or
attempts to prevent a public servant from lawfully performing an official
function by means of flight, intimidation, force, violence, or physical
interference or obstacle, or by means of any independently unlawful act.
This section does not apply to failure to perform a legal duty other than
an official duty, or any other means of avoiding compliance with law
without affirmative interference with governmental functions.
b. An offense under this section is a crime of the fourth degree if the
actor obstructs the detection or investigation of a crime or the
prosecution of a person for a crime, otherwise it is a disorderly persons
offense.
2C:29-2. Resisting
arrest, eluding officer
Resisting Arrest; Eluding Officer. a. (1) Except as provided in paragraph
(3), a person is guilty of a disorderly persons offense if he purposely
prevents or attempts to prevent a law enforcement officer from effecting
an arrest. (2) Except as provided in paragraph (3), a person is guilty of
a crime of the fourth degree if he, by flight, purposely prevents or
attempts to prevent a law enforcement officer from effecting an arrest.
(3) An offense under paragraph (1) or (2) of subsection a. is a crime of
the third degree if the person:
(a) Uses or threatens to use physical force or violence against the law
enforcement officer or another; or
(b) Uses any other means to create a substantial risk of causing physical
injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law
enforcement officer was acting unlawfully in making the arrest, provided
he was acting under color of his official authority and provided the law
enforcement officer announces his intention to arrest prior to the
resistance.
b. Any person, while operating a motor vehicle on any street or highway in
this State or any vessel, as defined pursuant to section 2 of P.L.1995,
c.401 (C.12:7-71), on the waters of this State, who knowingly flees or
attempts to elude any police or law enforcement officer after having
received any signal from such officer to bring the vehicle or vessel to a
full stop commits a crime of the third degree; except that, a person is
guilty of a crime of the second degree if the flight or attempt to elude
creates a risk of death or injury to any person. For purposes of this
subsection, there shall be a permissive inference that the flight or
attempt to elude creates a risk of death or injury to any person if the
person's conduct involves a violation of chapter 4 of Title 39 or chapter
7 of Title 12 of the Revised Statutes. In addition to the penalty
prescribed under this subsection or any other section of law, the court
shall order the suspension of that person's driver's license, or privilege
to operate a vessel, whichever is appropriate, for a period of not less
than six months or more than two years.
In the case of a person who is at the time of the imposition of sentence
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. If the driving
or vessel operating 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 or a vessel, whichever is appropriate, 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 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is
appropriate. 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 violation of R.S.39:3-40 or section 14
of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. If the person is
the holder of a driver's or vessel operator'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 or vessel
operating privileges, whichever is appropriate, in this State.
For the purposes of this subsection, it shall be a rebuttable presumption
that the owner of a vehicle or vessel was the operator of the vehicle or
vessel at the time of the offense.
2C:33-2. Disorderly conduct
a. Improper behavior. A person is guilty of a petty disorderly persons
offense, if with purpose to cause public inconvenience, annoyance or
alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous
behavior; or
(2) Creates a hazardous or physically dangerous condition by any act which
serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons
offense if, in a public place, and with purpose to offend the
sensibilities of a hearer or in reckless disregard of the probability of
so doing, he addresses unreasonably loud and offensively coarse or abusive
language, given the circumstances of the person present and the setting of
the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which
the public or a substantial group has access; among the places included
are highways, transport facilities, schools, prisons, apartment houses,
places of business or amusement, or any neighborhood.
2C:33-4. Harassment.
Except as provided in subsection e., a person commits a petty disorderly
persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or communications
anonymously or at extremely inconvenient hours, or in offensively coarse
language, or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive
touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly
committed acts with purpose to alarm or seriously annoy such other person.
A communication under subsection a. may be deemed to have been made either
at the place where it originated or at the place where it was received.
d. (Deleted by amendment, P.L.2001, c.443).
e. A person commits a crime of the fourth degree if, in committing an
offense under this section, he was serving a term of imprisonment or was
on parole or probation as the result of a conviction of any indictable
offense under the laws of this State, any other state or the United
States.
2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make
Lawful Disposition.
a. It is unlawful for any person, knowingly or purposely, to obtain, or to
possess, actually or constructively, a controlled dangerous substance or
controlled substance analog, unless the substance was obtained directly,
or pursuant to a valid prescription or order form from a practitioner,
while acting in the course of his professional practice, or except as
otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person
who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in
Schedule I, II, III or IV other than those specifically covered in this
section, is guilty of a crime of the third degree except that,
notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine
of up to $35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in
Schedule V, is guilty of a crime of the fourth degree except that,
notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine
of up to $15,000.00 may be imposed;
(3) Possession of more than 50 grams of marijuana, including any
adulterants or dilutants, or more than five grams of hashish is guilty of
a crime of the fourth degree, except that, notwithstanding the provisions
of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be
imposed; or
(4) Possession of 50 grams or less of marijuana, including any adulterants
or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any
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
any such school property or a school bus, or while on any school bus, and
who is not sentenced to a term of imprisonment, shall, in addition to any
other sentence which the court may impose, be required to perform not less
than 100 hours of community service.
b. Any person who uses or who is under the influence of any controlled
dangerous substance, or its analog, for a purpose other than the treatment
of sickness or injury as lawfully prescribed or administered by a
physician is a disorderly person.
In a prosecution under this subsection, it shall not be necessary for the
State to prove that the accused did use or was under the influence of any
specific drug, but it shall be sufficient for a conviction under this
subsection for the State to prove that the accused did use or was under
the influence of some controlled dangerous substance, counterfeit
controlled dangerous substance, or controlled substance analog, by proving
that the accused did manifest physical and physiological symptoms or
reactions caused by the use of any controlled dangerous substance or
controlled substance analog.
c. Any person who knowingly obtains or possesses a controlled dangerous
substance or controlled substance analog in violation of subsection a. of
this section and who fails to voluntarily deliver the substance to the
nearest law enforcement officer is guilty of a disorderly persons offense.
Nothing in this subsection shall be construed to preclude a prosecution or
conviction for any other offense defined in this title or any other
statute. |
