Preliminary
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.
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.
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. 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 R.S. 40:18-5 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 6 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.
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.
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 are applicable to offenses defined by other statutes.
The provisions of subtitle 3 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.
a. A prosecution for
any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4 or N.J.S.2C:14-2
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) A prosecution
for any offense set forth in paragraph
(2) of subsection a. of 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) must be commenced within 10 years after
the date of discovery of the offense by a local law enforcement agency,
a county prosecutor, or the Department of Environmental Protection either
directly by any of those entities or indirectly by notice given to any
of those entities.
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.
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 indictable
offense to a nonindictable offense at any time if the indictable offense
was filed within the statute of limitations applicable to indictable offenses.
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.
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.
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.
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.
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.
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.
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.
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
2C:1-2.
Purposes; principles of construction
2C:1-3.
Territorial applicability
2C:1-4.
Classes of offenses
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
2C:1-6.
Time limitations
2C:1-14.
Definitions
In this code, unless a different
meaning plainly is required: