Question 1

What are the felony classes and maximum sentences in New Jersey?

Accepted Answer

New Jersey grades indictable offenses as 'crimes' of the first through fourth degree (it does not use the term felony). Ordinary prison terms are fixed by the court: first degree — between 10 years and 20 years; second degree — between five years and 10 years; third degree — between three years and five years; fourth degree — shall not exceed 18 months (§ 2C:43-6(a)). Maximum fines: $200,000 for a crime of the first degree; $150,000 for the second degree; $15,000 for the third degree; $10,000 for the fourth degree (§ 2C:43-3). Murder and extended terms are sentenced under separate sections.

Question 2

What are the misdemeanor classes and penalties in New Jersey?

Accepted Answer

New Jersey's lower-level offenses are disorderly persons offenses and petty disorderly persons offenses, which 'are petty offenses' and 'are not crimes within the meaning of the Constitution of this State' (§ 2C:1-4). Disorderly persons offense — imprisonment not to exceed 6 months and a fine up to $1,000. Petty disorderly persons offense — imprisonment not to exceed 30 days and a fine up to $500.

Question 3

How much do you have to steal for it to be a felony in New Jersey?

Accepted Answer

Theft becomes an indictable crime at $200. Less than $200 — disorderly persons offense. At least $200 but does not exceed $500 — crime of the fourth degree. Exceeds $500 but is less than $75,000 — crime of the third degree. $75,000 or more — crime of the second degree (also certain other property, such as property taken by extortion). Other listed circumstances can raise the grade regardless of amount.

Question 4

Is New Jersey a stand your ground state?

Accepted Answer

New Jersey has a duty to retreat in public. Deadly force is not justifiable if the actor knows that he can avoid the necessity of using such force with complete safety by retreating, except that the actor is not obliged to retreat from his dwelling, unless he was the initial aggressor (§ 2C:3-4(b)(2)(b)). Deadly force is also not justifiable if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter (§ 2C:3-4(b)(2)(a)).

Question 5

Does New Jersey have a castle doctrine?

Accepted Answer

Notwithstanding the general self-defense limits, the use of force or deadly force upon or toward an intruder who is unlawfully in a dwelling is justifiable when the actor reasonably believes that the force is immediately necessary for the purpose of protecting himself or other persons in the dwelling against the use of unlawful force by the intruder on the present occasion (§ 2C:3-4(c)(1)). A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling and the encounter with the intruder was sudden and unexpected, compelling the actor to act instantly, or the actor reasonably believed the intruder would inflict personal injury on the actor or others in the dwelling, or the actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so (§ 2C:3-4(c)(2)). The actor may estimate the necessity of using force without retreating, surrendering possession, withdrawing or doing any other act which he has no legal duty to do (§ 2C:3-4(c)(3)).

Question 6

What is the statute of limitations for crimes in New Jersey?

Accepted Answer

No limit: prosecutions for offenses under N.J.S. 2C:11-3 (murder), 2C:11-4 (manslaughter) and 2C:14-2 (sexual assault and aggravated sexual assault), among others listed, may be commenced at any time (§ 2C:1-6(a)). Crimes generally: within five years after the offense is committed. Disorderly persons and petty disorderly persons offenses: within one year. The period does not run while a prosecution for the same conduct is pending in New Jersey, and the limitations do not apply to any person fleeing from justice.

Question 7

How does bail work in New Jersey?

Accepted Answer

Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)).

Question 8

How do you get a public defender in New Jersey?

Accepted Answer

The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters.

Question 9

What is the age of consent in New Jersey?

Accepted Answer

Sexual assault (a crime of the second degree) includes sexual penetration where 'the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim' (§ 2C:14-2(c)(4)), and where the victim is at least 16 but less than 18 years old and the actor is related to the victim by blood or affinity to the third degree, has supervisory or disciplinary power over the victim, or is a resource family parent, guardian, or stands in loco parentis within the household (§ 2C:14-2(c)(3)). Sexual penetration where the victim is less than 13 years old is aggravated sexual assault, a crime of the first degree (§ 2C:14-2(a)(1)).

Question 10

Is marijuana legal in New Jersey?

Accepted Answer

Adult-use cannabis is legal for persons 21 years and older, who may have up to 6 oz of cannabis in their possession; licensed dispensaries may sell up to the equivalent of 28.35 grams or 1 ounce of usable cannabis per transaction (Cannabis Regulatory Commission). Under the criminal code, possession of six ounces or less of marijuana, or 17 grams or less of hashish, is not subject to any punishment, as this possession is not a crime, offense, act of delinquency, or civil violation of law (§ 2C:35-10(a)(4)(b)). Possession of more than six ounces of marijuana or more than 17 grams of hashish is a crime of the fourth degree (§ 2C:35-10(a)(3)(b)).

Question 11

Is assault a felony in New Jersey?

Accepted Answer

Hitting, hurting or threatening someone is charged as assault in New Jersey. Simple assault — attempting to cause or purposely, knowingly or recklessly causing bodily injury, negligently causing bodily injury with a deadly weapon, or attempting by physical menace to put another in fear of imminent serious bodily injury — is a disorderly persons offense (up to 6 months), unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense (§ 2C:12-1(a)). It becomes aggravated assault, an indictable crime, based on the injury, weapon or victim: attempting to cause or causing serious bodily injury is a crime of the second degree (5 to 10 years); attempting to cause or causing significant bodily injury, or causing bodily injury with a deadly weapon, is a crime of the third degree (3 to 5 years) (§ 2C:12-1(b)(1), (2), (7)). Simple assault on a police officer, firefighter, EMT, school employee, health care worker or other listed victim is third degree if the victim suffers bodily injury and otherwise fourth degree (§ 2C:12-1(b)(5)).

Question 12

Is battery a felony in New Jersey?

Accepted Answer

New Jersey has no separate crime called battery. Unwanted physical contact that causes bodily injury is charged as simple or aggravated assault under § 2C:12-1, and offensive touching without injury (striking, kicking, shoving or other offensive touching done with purpose to harass) is charged as harassment, a petty disorderly persons offense (§ 2C:33-4). There is no separate domestic battery offense; see domestic violence.

Question 13

Is domestic violence a felony in New Jersey?

Accepted Answer

New Jersey does not have a separate 'domestic assault' crime. 'Domestic violence' means one or more listed offenses — including assault, harassment, stalking, cyber-harassment, terroristic threats, criminal mischief, burglary and criminal trespass — inflicted by an adult or emancipated minor on a protected person: a spouse, former spouse, current or former household member, someone with whom the person has (or expects) a child, or a dating partner (§ 2C:25-19(a), (d)). The underlying offense keeps its normal grade (for example, simple assault is a disorderly persons offense). Choking or strangling a domestic violence victim — knowingly or recklessly obstructing breathing or blood circulation, such as by pressure on the throat or neck or blocking the nose or mouth, causing or attempting to cause bodily injury — is aggravated assault, a crime of the second degree (§ 2C:12-1(b)(13)), punishable by 5 to 10 years (§ 2C:43-6(a)).

Question 14

What is the penalty for shoplifting in New Jersey?

Accepted Answer

Shoplifting is its own offense in New Jersey (§ 2C:20-11). If the full retail value of the merchandise is less than $200 it is a disorderly persons offense (up to 6 months, fine up to $1,000); at least $200 but not more than $500 is a crime of the fourth degree (§ 2C:20-11(c)). Every shoplifting conviction also carries community service: at least ten days for a first offense, at least 15 days for a second offense, and a maximum of 25 days for a third or subsequent offense; a person convicted of a third or subsequent shoplifting offense must serve a minimum term of imprisonment of not less than 90 days (§ 2C:20-11(c)). Separately, a merchant may sue a shoplifter in civil court for the value of the merchandise (not to exceed $500) if it cannot be returned in its original condition, plus a civil penalty of up to $150, with reasonable attorney's fees and court costs to the prevailing party; the civil statute does not apply if the merchandise is worth more than $500 (§ 2A:61C-1).

Question 15

What is the difference between burglary and robbery in New Jersey?

Accepted Answer

Breaking into a building to commit a crime is burglary: entering or remaining in a structure or research facility without permission with purpose to commit an offense inside (§ 2C:18-2(a)). Burglary is a crime of the third degree (3 to 5 years), but a crime of the second degree (5 to 10 years) if, in the course of the offense, the person inflicts, attempts or threatens bodily injury on anyone, or is armed with or displays what appear to be explosives or a deadly weapon (§ 2C:18-2(b)). Robbery is theft by force or threat: in the course of a theft, inflicting bodily injury or using force, threatening or putting someone in fear of immediate bodily injury, or committing or threatening a first- or second-degree crime (§ 2C:15-1(a)). Robbery is a crime of the second degree, except that it is a crime of the first degree (between 10 and 20 years) if the robber attempts to kill anyone, 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:15-1(b); § 2C:43-6(a)).

Question 16

Is vandalism a felony in New Jersey?

Accepted Answer

Vandalism is called criminal mischief in New Jersey: purposely or knowingly damaging another person's tangible property, damaging it recklessly or negligently with fire, explosives or other dangerous means, or tampering with property so as to endanger a person or property (§ 2C:17-3(a)). The grade depends on the loss: $2,000 or more is a crime of the third degree; more than $500 but less than $2,000 is a crime of the fourth degree; $500 or less is a disorderly persons offense (§ 2C:17-3(b)). Graffiti — drawing, painting or making a mark or inscription on property without the owner's permission — is criminal mischief, and the court may also order restitution and community service (which may include removing the graffiti) of at least 20 days or the number of days needed to remove it (§ 2C:17-3(c), (d)).

Question 17

Is trespassing a crime in New Jersey?

Accepted Answer

Criminal trespass has two forms in New Jersey. Unlicensed entry — knowingly entering or secretly remaining in a structure (or a separately secured or occupied part of one), research facility, utility company property, or an airport's sterile or operational area without permission — is a disorderly persons offense, but a crime of the fourth degree (up to 18 months) if committed in a dwelling or in a school or on school property (§ 2C:18-3(a)). 'Defiant trespass' — knowingly entering or remaining in any place after notice against trespass is given by actual communication, posting, or fencing or other enclosure manifestly designed to exclude intruders — is a petty disorderly persons offense (up to 30 days) (§ 2C:18-3(b)).

Question 18

What are the penalties for drug possession in New Jersey?

Accepted Answer

Possession of a Schedule I, II, III or IV controlled dangerous substance (for example heroin, cocaine or methamphetamine), in any amount, is a crime of the third degree, with a fine of up to $35,000 (§ 2C:35-10(a)(1)); the ordinary prison range for a third-degree crime is three to five years (§ 2C:43-6(a)). Possession of a Schedule V substance is a crime of the fourth degree with a fine of up to $15,000 (§ 2C:35-10(a)(2)). Using or possessing drug paraphernalia is a disorderly persons offense; paraphernalia used for marijuana or hashish is not punishable (§ 2C:36-2). A person with no prior drug conviction or prior supervisory treatment who is charged with a disorderly persons or petty disorderly persons drug offense may receive 'conditional discharge' supervisory treatment of up to three years; on successful completion the case is dismissed without an adjudication of guilt and is not deemed a conviction (§ 2C:36A-1).

Question 19

Is a hit and run a felony in New Jersey?

Accepted Answer

Leaving the scene of a crash (hit and run) is a motor vehicle offense under Title 39 and can also be a crime. Leaving the scene of a crash involving only damage to a vehicle or property: a fine of not less than $200 nor more than $400, or imprisonment of not more than 30 days, or both, and loss of driving privileges for six months for a first offense; for a subsequent offense a fine of not less than $400 nor more than $600 or imprisonment of not less than 30 days nor more than 90 days or both, and loss of the license for one year (R.S. 39:4-129(b)). Leaving the scene of a crash causing injury or death: a fine of not less than $2,500 nor more than $5,000, or imprisonment for 180 days, or both, and forfeiture of the license for one year for a first offense and permanently for a subsequent offense (R.S. 39:4-129(a)). Knowingly leaving the scene of a crash that results in serious bodily injury is a crime of the third degree (§ 2C:12-1.1), and one that results in death is a crime of the second degree (§ 2C:11-5.1).

Question 20

Is reckless driving a crime in New Jersey?

Accepted Answer

Reckless driving is a motor vehicle offense in New Jersey (Title 39), not a crime under the criminal code. It means driving heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property (R.S. 39:4-96). A first offense is punishable by imprisonment in the county or municipal jail for not more than 60 days, or a fine of not less than $50 or more than $200, or both; a second or subsequent conviction by imprisonment for not more than three months, or a fine of not less than $100 or more than $500, or both (R.S. 39:4-96).

Question 21

Is harassment a crime in New Jersey?

Accepted Answer

Harassment — communicating anonymously, at inconvenient hours, or in offensively coarse language; striking, kicking, shoving or other offensive touching; or a course of alarming conduct, done with purpose to harass — is a petty disorderly persons offense, raised to a crime of the fourth degree if the person was on probation or parole or serving a sentence for an indictable offense, or targets a judge over the judge's official duties (§ 2C:33-4). Online harassment is called cyber-harassment: a crime of the fourth degree, and a crime of the third degree if an adult 21 or older impersonates a minor to cyber-harass a minor, or the victim is a public servant or a public servant's family member (§ 2C:33-4.1). Stalking — purposely or knowingly engaging in a course of conduct (by any action, method, device or means) directed at a specific person that would cause a reasonable person to fear for their safety or a third person's safety or suffer other emotional distress — is a crime of the fourth degree (up to 18 months) (§ 2C:12-10(b)). Stalking becomes a crime of the third degree (3 to 5 years) if it violates an existing court order, is a second or subsequent offense against the same victim, or is committed while in prison or on parole or probation for an indictable offense (§ 2C:12-10(c)-(e)).

Question 22

Is resisting arrest a felony in New Jersey?

Accepted Answer

Resisting arrest — purposely preventing or trying to prevent a police officer from making a lawful arrest — is a disorderly persons offense (up to 6 months) (§ 2C:29-2(a)(1)). Doing so by running away (flight) is a crime of the fourth degree (§ 2C:29-2(a)(2)). It becomes a crime of the third degree if the person uses or threatens to use physical force or violence against the officer, or uses any other means to create a substantial risk of physical injury to the officer or another (§ 2C:29-2(a)(3)). Fleeing police in a car is called eluding: knowingly fleeing or trying to elude an officer after a signal to stop is a crime of the third degree, and a crime of the second degree if the flight creates a risk of death or injury to any person (§ 2C:29-2(b)).

Question 23

What happens if you miss a court date in New Jersey?

Accepted Answer

Missing a court date is called bail jumping or 'default in required appearance' in New Jersey. A person released by court order (with or without bail) or issued a summons who, without lawful excuse, fails to appear commits an offense; it is an affirmative defense to prove by a preponderance of evidence that the person did not knowingly fail to appear. It is a crime of the third degree if the appearance was to answer a charge of a crime of the third degree or greater (or for disposition of such a charge) and the person took flight or went into hiding; a crime of the fourth degree if the appearance was otherwise to answer a charge of a crime; and a disorderly persons or petty disorderly persons offense, respectively, when the underlying charge was such an offense. Third degree carries three to five years; fourth degree up to 18 months; a disorderly persons offense up to 6 months.

Question 24

What happens if you violate probation in New Jersey?

Accepted Answer

The court decides probation violations. Before the probation ends, the court may summon the person or issue an arrest warrant, and a probation or peace officer with probable cause may arrest without a warrant. The court may not revoke probation, or add, delete or modify conditions, except after a hearing on written notice of the grounds; the person may hear and contest the evidence, offer evidence, and be represented by counsel. If the court is satisfied the person 'inexcusably failed to comply with a substantial requirement' of probation or was convicted of another offense, it may revoke probation and impose any sentence that might have been imposed originally. Revocation may not be based on failure to pay a fine or restitution unless the failure was willful, and starting a revocation proceeding tolls (pauses) the probation period.

Question 25

Is obstruction of justice a felony in New Jersey?

Accepted Answer

Obstruction is called 'obstructing administration of law or other governmental function': purposely obstructing, impairing or perverting the administration of law or preventing a public servant from lawfully performing an official function by flight, intimidation, force, violence, physical interference, or an independently unlawful act. It is a crime of the fourth degree if it obstructs the detection or investigation of a crime or a prosecution; otherwise it is a disorderly persons offense. Witness tampering (conduct a reasonable person would believe would cause a witness to testify falsely, withhold evidence, or stay away) is a crime of the third degree, second degree if force or threat of force is used, and first degree if force or threat is used in connection with certain listed serious crimes. Grade penalties: crime of the fourth degree — prison not to exceed 18 months and a fine up to $10,000; third degree — between three and five years and up to $15,000; second degree — between five and 10 years and up to $150,000; disorderly persons offense — up to 6 months and up to $1,000; petty disorderly persons offense — up to 30 days and up to $500 (N.J.S. 2C:43-6(a), 2C:43-3, 2C:43-8).

Question 26

Is perjury a felony in New Jersey?

Accepted Answer

Perjury — making a material false statement under oath in an official proceeding that the person does not believe to be true — is a crime of the third degree (three to five years in prison and a fine up to $15,000). A statement is material if it could have affected the course or outcome of the proceeding. Retracting the false statement before the proceeding ends, without irreparable harm, is an affirmative defense. False swearing — any false statement under oath the person does not believe true, without the materiality and proceeding requirements — is a crime of the fourth degree (up to 18 months and up to $10,000).

Question 27

Is public intoxication a crime in New Jersey?

Accepted Answer

Being drunk in public is not an offense in New Jersey. State law forbids any county, municipality or other political subdivision from adopting any law or ordinance 'rendering public intoxication or being found in any place in an intoxicated condition an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind.' Laws against drunk driving and similar offenses involving operating vehicles or hazardous equipment are not affected. Disruptive behavior while drunk can still be charged under other laws such as disorderly conduct.

Question 28

What is a disorderly conduct charge in New Jersey?

Accepted Answer

Disorderly conduct covers, with purpose to cause (or recklessly risking) public inconvenience, annoyance or alarm: fighting, threatening, or violent or tumultuous behavior, or creating a hazardous condition that serves no legitimate purpose. Addressing unreasonably loud and offensively coarse or abusive language to someone in a public place to offend them is also covered. Both are petty disorderly persons offenses (up to 30 days in jail and a fine up to $500). It becomes a disorderly persons offense (up to 6 months and up to $1,000) if the person conceals their identity with a mask or disguise during the conduct to instill fear, hinder prosecution or avoid apprehension, or acts to disrupt a public gathering or event.

Question 29

What is the penalty for indecent exposure in New Jersey?

Accepted Answer

Indecent exposure is called lewdness in New Jersey. Doing any flagrantly lewd and offensive act that the person knows or reasonably expects is likely to be seen by nonconsenting people who would be affronted or alarmed is a disorderly persons offense (up to 6 months and up to $1,000). It becomes a crime of the fourth degree (up to 18 months) to expose one's intimate parts for sexual arousal or gratification where the person knows or reasonably expects it is likely to be observed by a child under 13 (when the actor is at least four years older) or by a person who because of mental disease or defect cannot understand the sexual nature of the conduct.

Question 30

Is prostitution illegal in New Jersey?

Accepted Answer

Prostitution is illegal throughout New Jersey. Offering sexual activity in exchange for something of value (selling) is a disorderly persons offense, and a second or subsequent conviction is a crime of the fourth degree. Being a patron (buying) is a disorderly persons offense; a second or third conviction is a crime of the fourth degree and a fourth or later conviction is a crime of the third degree, and if a motor vehicle was used the court must suspend the driver's license for six months. Engaging in prostitution with a person under 18 is a crime of the second degree, and promoting prostitution ranges from fourth to first degree. Being a human-trafficking victim or compelled by another is an affirmative defense. Loitering to engage in prostitution is a separate disorderly persons offense.

Question 31

Is gambling legal in New Jersey?

Accepted Answer

New Jersey's Constitution bans gambling unless approved by voters, but authorizes: a State lottery; casinos within Atlantic City; sports wagering at Atlantic City casinos and at current or former horse racetracks (but not on college events held in New Jersey or involving a New Jersey college team); wagering on horse races; and bingo and raffles run by qualifying charitable, veterans, religious and similar organizations. Internet gaming is authorized by statute and is 'deemed to take place where a casino's server is located in Atlantic City.' Running illegal gambling ('promoting gambling') is a disorderly persons offense with a fine up to $10,000; bookmaking of three or more bets in two weeks is a crime of the fourth degree (fine up to $25,000); and bookmaking of more than five bets totaling more than $1,000 in a day, or larger lottery/policy operations, is a crime of the third degree (fine up to $35,000). Participating only as a player is an affirmative defense.

Question 32

Is embezzlement a felony in New Jersey?

Accepted Answer

New Jersey has no separate crime called embezzlement; an employee or other person who keeps property they were obligated to pay over or hand on, and deals with it as their own, commits 'theft by failure to make required disposition of property received.' A government or financial-institution officer or employee is presumed to know the obligation and to have treated the property as their own if they fail to account on demand or an audit shows a shortage. It is graded like other theft by amount: under $200 a disorderly persons offense; $200 to $500 fourth degree; over $500 but under $75,000 third degree; $75,000 or more second degree; theft 'in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000 or more' is also second degree. A separate crime, misapplication of entrusted property by a fiduciary, is fourth degree if the benefit is $1,000 or less, third degree if over $1,000 but under $75,000, and second degree at $75,000 or more.

Question 33

Is identity theft a felony in New Jersey?

Accepted Answer

Identity theft is called 'impersonation; theft of identity' — impersonating someone or using another person's personal identifying information without authorization to obtain a benefit or services, avoid a debt, or avoid prosecution. It is a crime of the fourth degree if the benefit is under $500 and one victim is involved (third degree for a second or subsequent conviction); third degree if the benefit is $500 to under $75,000 or there are two to four victims; and second degree at $75,000 or more or five or more victims. Credit card fraud is a separate offense: knowingly using a counterfeit, forged, lost, stolen or fraudulently obtained credit card to obtain money, goods or services is a crime of the third degree, and several related acts (such as taking or buying a card without consent) are crimes of the fourth degree.

Question 34

Is forgery a felony in New Jersey?

Accepted Answer

Forgery is altering, making or passing ('uttering') a writing — including checks, money, credit cards, access devices, receipts and ID — with purpose to defraud or injure. It is a crime of the third degree if the writing is or purports to be a check, government-issued money, stamps, licenses or instruments, securities, personal identifying information, an access device, a prescription blank, or 15 or more forged retail receipts or UPC labels; otherwise it is a crime of the fourth degree. Passing a bad check (knowing it will not be honored) is graded by amount: under $200 a disorderly persons offense; $200 to under $1,000 fourth degree; $1,000 to under $75,000 third degree; $75,000 or more second degree.

Question 35

Is blackmail illegal in New Jersey?

Accepted Answer

Blackmail is charged as 'theft by extortion': obtaining someone's property by threatening to injure or confine anyone, commit a crime, accuse someone of an offense, expose a secret or any asserted fact (true or false) that would subject someone to hatred, contempt or ridicule, take official action, or inflict other harm. Theft by extortion is a crime of the second degree regardless of the amount (five to 10 years in prison and a fine up to $150,000). Threatening someone to force them to do or not do something, without obtaining property, is 'criminal coercion' — a crime of the fourth degree, or third degree if the threat is to commit a crime more serious than fourth degree or the actor's purpose is criminal.

Question 36

What is the difference between first and second degree murder in New Jersey?

Accepted Answer

New Jersey does not divide murder into first and second degree. Murder is purposely or knowingly causing death or serious bodily injury resulting in death, or a death caused during a listed felony such as robbery, sexual assault, arson, burglary, kidnapping or carjacking (felony murder, with an affirmative defense for some non-killing accomplices). Murder is a crime of the first degree with a sentence of 30 years without parole, or a specific term between 30 years and life with 30 years served before parole eligibility. Life without parole is required when the victim was a law enforcement officer killed on duty, for murder of a child under 18 during a sexual assault, and when a jury finds listed aggravating factors (for example a prior murder, torture, a victim under 14, or murder for hire). The section contains no death penalty.

Question 37

What is the sentence for manslaughter in New Jersey?

Accepted Answer

Aggravated manslaughter (recklessly causing death with extreme indifference to human life, or causing a death while fleeing police) is a crime of the first degree; for the extreme-indifference form the court may impose 10 to 30 years. Manslaughter (a reckless killing, or a killing in the heat of passion from reasonable provocation) is a crime of the second degree (five to 10 years, fine up to $150,000). Reckless vehicular homicide ('death by auto or vessel') is a crime of the second degree, raised to the first degree for drunk driving in a school zone or school crossing and lowered to the third degree if the only reckless act was failing to keep in a lane; drunk driving, or driving while suspended for DWI, requires prison with a parole bar of at least three years. Strict liability vehicular homicide (causing a death while driving drunk) is a crime of the third degree (three to five years).

Question 38

Is child endangerment a felony in New Jersey?

Accepted Answer

Endangering the welfare of a child: a parent or other person with a legal duty of care who causes a child harm that would make the child abused or neglected under the child-welfare law commits a crime of the second degree (five to 10 years); anyone else who does so commits a crime of the third degree (three to five years). The same split applies to sexual conduct that would impair or debauch a child's morals. Separately, any parent, guardian or caretaker who abuses, abandons, is cruel to or neglects a child is guilty of a crime of the fourth degree (up to 18 months).

Question 39

Is arson a felony in New Jersey?

Accepted Answer

Aggravated arson (starting a fire or explosion that purposely or knowingly puts someone in danger of death or injury, or to destroy another's building, or for insurance or to dodge zoning when people are recklessly endangered, or to destroy a forest) is a crime of the second degree (five to 10 years). Arson (purposely starting a fire that recklessly endangers a person, another's building or a forest, or to collect insurance) is a crime of the third degree (three to five years). Failing to control or report a dangerous fire one has a duty to fight or started is a crime of the fourth degree. Paying or being paid to set a fire, and arson of a church, synagogue, temple or other place of worship, are crimes of the first degree (worship places carry a 15-year parole bar).

Question 40

Is animal cruelty a felony in New Jersey?

Accepted Answer

Overworking, abusing or needlessly killing an animal, inflicting unnecessary cruelty, leaving it in a vehicle in inhumane conditions, or failing to give necessary care is a disorderly persons offense (up to six months and a $250-$1,000 or $500-$2,000 fine depending on the act); a repeat offense is a crime of the fourth degree. Purposely, knowingly or recklessly torturing, tormenting, maiming, poisoning or cruelly beating an animal, injuring it through neglect, or sexual contact with an animal is a crime of the fourth degree (up to 18 months), and a crime of the third degree (three to five years) if the animal dies or suffers serious bodily injury or the person has a prior conviction. Courts must also order up to 30 days of community service and restitution, and juveniles must receive mental health counseling.

Question 41

Is revenge porn illegal in New Jersey?

Accepted Answer

Yes. Knowingly disclosing (sharing, posting, selling, etc.) a photo or video of another person's exposed intimate parts or sexual act, taken without consent where they expected privacy, without that person's consent to the disclosure is a crime of the third degree (three to five years), with a fine of up to $30,000. Secretly photographing or recording such images is also a third-degree crime. The victim may sue in Superior Court for actual damages of at least $1,000 per violation, punitive damages, attorney's fees and other relief; a criminal conviction is not required to sue.

Question 42

Is cyberbullying a crime in New Jersey?

Accepted Answer

Cyber-harassment: making online communications, with purpose to harass, that threaten injury or harm to a person or property, threaten a crime, or send or post lewd, indecent or obscene material meant to emotionally harm or frighten is a crime of the fourth degree (up to 18 months). It is a crime of the third degree if a person 21 or older impersonates a minor to cyber-harass a minor, or the victim is a public servant. A minor under 16 adjudicated delinquent may be ordered, with a parent, to complete a cyber-harassment class; a parent who fails to comply is a disorderly person fined up to $100 (first offense) or $500, and parents who willfully fail to supervise may be sued. Schools must separately adopt harassment, intimidation and bullying (HIB) policies.

Question 43

What are the sexting laws for minors in New Jersey?

Accepted Answer

When a juvenile complaint involves a juvenile creating, showing or sending a nude or sexually suggestive photo of a juvenile by phone or computer, and the court approves diversion, the resolution must include a remedial education or counseling program (or, where appropriate, a self-guided awareness program) about the legal and non-legal consequences of sharing sexually explicit images. The statute does not create a separate sexting offense.

Question 44

Is money laundering a felony in New Jersey?

Accepted Answer

Money laundering (possessing, transporting or dealing in property a person knows or reasonably should believe came from crime, to promote the crime, conceal its source or avoid reporting requirements, or directing such transactions) is graded by the amount: $500,000 or more is a crime of the first degree (with a parole bar of one-third to one-half of the sentence); $75,000 to under $500,000 is a crime of the second degree; less is a crime of the third degree. The court may impose a fine up to $500,000, and the sentence runs consecutively to the sentence for the underlying crime.

Question 45

What are the human trafficking laws in New Jersey?

Accepted Answer

Human trafficking (holding, recruiting, transporting or obtaining a person for sex or for labor or services by force, threats, debt bondage, taking their documents, abuse of legal process, fraud, or supplying drugs, or any recruiting of a child under 18 for sex) is a crime of the first degree (10 to 20 years). For organizers who profit and for trafficking a child for sex, the sentence is 20 years without parole or 20 years to life with 20 years before parole. Every conviction carries a fine of at least $25,000 and restitution to the victim. Being a trafficking victim is an affirmative defense.

Question 46

Is jaywalking illegal in New Jersey?

Accepted Answer

Where traffic is controlled by signals or police, pedestrians may not cross against a 'stop' or red signal and must cross only within a crosswalk; elsewhere they must use a crosswalk or cross at right angles, and a pedestrian crossing outside a crosswalk must yield to vehicles. Pedestrians may not step into the path of a car too close to stop, and must use the sidewalk where one is provided. These sections set no specific penalty, so the general penalty for the chapter applies: up to $50 or up to 15 days in jail, or both, or $50 to $200 for violations in certain listed articles of the chapter.

Question 47

What is the open container law in New Jersey?

Accepted Answer

All occupants of a motor vehicle on a public highway or its right-of-way may not possess an open or unsealed alcoholic beverage container (or unsealed smokable cannabis). Containers in the trunk, behind the last upright seat of a trunkless vehicle, or in the living quarters of a motor home are allowed, and passengers in a charter bus or limousine are exempt for alcohol. The fine is $200 for a first offense and $250 (or 10 days of community service) for a repeat offense.

Question 48

What happens if you are caught drinking under 21 in New Jersey?

Accepted Answer

A person under 21 who knowingly possesses or drinks alcohol (or cannabis) in a school, public place, public conveyance or motor vehicle gets a written warning for a first and second violation and a write-up with a referral to community services for a third or later violation; parents of under-18s are notified. Under the alcohol law, an underage person entering a licensed premises to buy alcohol, drinking there, or buying or trying to buy alcohol, and anyone misrepresenting age to get alcohol, is a disorderly person with a fine of at least $500. Displaying a fake driver's license or other government ID is a crime of the third degree and possessing one a crime of the fourth degree (using another person's information only to buy alcohol is excluded), and a conviction forfeits driving privileges for six months to two years.

Question 49

What happens if you drive on a suspended license in New Jersey?

Accepted Answer

Driving while suspended or revoked is a motor-vehicle offense: first offense, a $500 fine; second, $750 and one to five days in county jail; third or later, $1,000 and 10 days in jail. The court must also extend the suspension up to six months, and an accident causing injury brings 45 to 180 days in jail; added fines, one-to-two-year suspensions and jail apply when the suspension was for DWI or no insurance. Driving while suspended for a second DWI, or for a first DWI after a prior suspended-driving conviction, is a crime of the fourth degree with a mandatory 180 days without parole.

Question 50

What is the penalty for driving without a license in New Jersey?

Accepted Answer

Driving without a valid permit or license is punishable by a fine up to $500 or up to 60 days in county jail; if the person has never been licensed anywhere, the fine is at least $200 and the court orders the Motor Vehicle Commission not to issue a license for at least 180 days. Not having one's license, registration and insurance card while driving, or not showing them to police, is a $150 fine ($250 for a bus driver), and the judge may dismiss the charge if documents valid on that day are shown in court.

Question 51

What knives are legal to carry in New Jersey?

Accepted Answer

Knowingly possessing a gravity knife, switchblade knife, dagger, dirk, stiletto or ballistic knife without any explainable lawful purpose is a crime of the fourth degree (up to 18 months). Possessing any other weapon, including other dangerous knives, under circumstances not manifestly appropriate for its lawful uses is also a crime of the fourth degree, and possessing a weapon (other than a firearm) with a purpose to use it unlawfully against a person or property is a crime of the third degree. Possessing such a weapon on school, college or university buildings or grounds without written authorization is a crime of the fourth degree. The statutes set no blade-length limit.

Question 52

Are fireworks legal in New Jersey?

Accepted Answer

Most fireworks, including firecrackers, skyrockets, Roman candles and other aerial or explosive fireworks, are illegal for consumers. People 16 and older may buy and use 'sparkling devices and novelties': wire or wood sparklers, hand-held or ground-based non-explosive, non-aerial sparkling devices (within set powder limits), snakes, glow worms, smoke devices and trick noisemakers such as party poppers; municipalities may not further regulate their sale or use. Other fireworks may be sold only to permit holders. Selling or possessing illegal fireworks to sell is a crime of the fourth degree, and buying, using or possessing them is a petty disorderly persons offense (up to 30 days, fine up to $500).

Question 53

Is kidnapping a felony in New Jersey?

Accepted Answer

Kidnapping (unlawfully moving or confining someone to hold them for ransom, as a shield or hostage, or for purposes such as committing a crime, hurting or terrorizing the victim, or taking a child from a custodial parent) is a crime of the first degree with a special range of 15 to 30 years; it drops to second degree (5-10 years) if the victim is released unharmed in a safe place before arrest. If the victim is under 16 and is sexually assaulted, abused, or sold during the kidnapping, the term is 25 years without parole up to life (25 years before parole). Criminal restraint (unlawful restraint exposing the victim to risk of serious injury, or holding someone in involuntary servitude) is a third-degree crime (3-5 years). False imprisonment (knowingly restraining someone so as to substantially interfere with their liberty) is a disorderly persons offense (up to 6 months).

Question 54

Is making a threat a crime in New Jersey?

Accepted Answer

Terroristic threats: threatening to commit any crime of violence intending to terrorize someone or to cause the evacuation of a building or public place or other serious public inconvenience (or recklessly disregarding that risk) is a crime of the third degree (3-5 years, up to $15,000), raised to second degree (5-10 years) if done during a declared national, State or county emergency. Threatening to kill someone, intending to put them in imminent fear of death under circumstances that make the threat believable, is also a third-degree crime.

Question 55

Is stealing a car a felony in New Jersey?

Accepted Answer

Theft of a motor vehicle (taking or controlling another person's vehicle intending to deprive them of it) is a crime of the third degree (3-5 years), or second degree (5-10 years) if the vehicle is worth $75,000 or more or more than one vehicle is stolen; thefts in one scheme may be added together. Joyriding (unlawful taking of a motor vehicle to keep it temporarily) is a fourth-degree crime (up to 18 months), third degree if the vehicle is driven in a way that risks injury or property damage; knowingly riding in a vehicle taken without consent is fourth degree. On top of the sentence, the court imposes a $500/$750/$1,000 penalty for a first/second/third offense and may suspend driving privileges for up to 1, 2 or 10 years. A prosecutor may seek an extended term for a persistent offender with two or more prior vehicle theft, receiving or carjacking convictions.

Question 56

Is receiving stolen property a felony in New Jersey?

Accepted Answer

Receiving stolen property (knowingly receiving or bringing into New Jersey another's property knowing or believing it is probably stolen) is graded as theft by value: under $200 is a disorderly persons offense; $200-$500 is a fourth-degree crime (up to 18 months); more than $500 but under $75,000 is third degree (3-5 years); $75,000 or more is second degree (5-10 years); amounts from one scheme may be added together. Receiving a stolen motor vehicle is a separate third-degree crime (second degree if the vehicle is worth $75,000 or more). Trafficking in stolen property ('fencing') is graded by value, and advertising or helping sell property known to be stolen (including online) is a disorderly persons offense.

Question 57

What is organized retail theft in New Jersey?

Accepted Answer

Yes. Shoplifting committed in furtherance of an organized retail theft enterprise (two or more people working together to move or sell shoplifted goods) is a crime of the second degree if the merchandise is worth $1,000 or more and third degree if less; values from one scheme or enterprise may be added together regardless of the time period. Being a leader of an organized retail theft enterprise (organizing, supervising, financing or managing the scheme) is a separate second-degree crime (5-10 years) with a fine up to $250,000 or five times the retail value of the merchandise seized, whichever is greater. A person with two or more prior retail theft convictions may receive an extended term on the prosecutor's request.

Question 58

What counts as drug trafficking in New Jersey?

Accepted Answer

Making, distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance is graded by drug and amount. Heroin, cocaine, MDMA or methamphetamine: 5 ounces or more is a first-degree crime (10-20 years; for heroin, cocaine and MDMA a parole-ineligibility term of one-third to one-half of the sentence is required; fines up to $500,000, or $300,000 for methamphetamine); one-half ounce to under 5 ounces is second degree (5-10 years); less than one-half ounce is third degree (3-5 years, fine up to $75,000). Other Schedule I or II narcotics: 1 ounce or more is second degree, less is third degree. Marijuana: 25 pounds or 50 plants or more is first degree; 5-25 pounds second degree; over 1 ounce to under 5 pounds third degree. Leader of a narcotics trafficking network is a first-degree crime punished by life imprisonment with 25 years before parole and a fine up to $750,000 or five times street value.

Question 59

Is prescription fraud a felony in New Jersey?

Accepted Answer

Obtaining by fraud (getting a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge, such as a forged prescription) is a crime of the third degree (3-5 years) with a fine of up to $50,000. Stealing a New Jersey prescription blank is third-degree theft regardless of value.

Question 60

What is vehicular assault in New Jersey?

Accepted Answer

Assault by auto or vessel (recklessly driving a vehicle or boat and injuring someone) is a crime of the fourth degree (up to 18 months) if serious bodily injury results and a disorderly persons offense if bodily injury results. If the driver was driving drunk or refused a breath test, it is third degree (3-5 years) for serious bodily injury and fourth degree for bodily injury. Drunk driving that seriously injures someone on or within 1,000 feet of school property or at a school crossing is second degree (5-10 years). Purposely aggressive driving at another vehicle is third degree for serious bodily injury and fourth degree for bodily injury.

Question 61

Is street racing a crime in New Jersey?

Accepted Answer

Racing a motor vehicle on a public highway for a wager, in a race, or to set a speed record is a motor vehicle violation with a fine of $25 to $100 for a first offense and $100 to $200 for a later offense. If racing injures someone, it can be charged as assault by auto, which covers reckless driving and purposely aggressive driving.

Question 62

What is the penalty for boating under the influence in New Jersey?

Accepted Answer

Operating a power vessel or a vessel 12 feet or longer while under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08% or more, is prohibited (as is letting an impaired person operate your boat). First offense: fine of $250-$400 (BAC 0.08-0.10%) or $300-$500 (BAC 0.10% or more, or drugs), loss of boating privileges for 1 year, and loss of the driver's license for 3 months or 7 months to 1 year. Second offense: $500-$1,000 fine, 30 days community service, 48 hours to 90 days in jail, and 2-year loss of boating and driving privileges. Third or later offense: $1,000 fine, at least 180 days in jail (up to 90 days can be community service), and 10-year loss of boating and driving privileges. Offenses more than 10 years apart are treated as earlier-level offenses.

Question 63

Is insurance fraud a felony in New Jersey?

Accepted Answer

Insurance fraud (knowingly making or omitting a material fact in a claim, application, payment or other insurance document) is a crime of the third degree (3-5 years), or second degree (5-10 years) if the person commits five or more acts and the total wrongfully obtained or sought is at least $1,000; each act is a separate offense. Falsely claiming an out-of-state residence or garaging to get out-of-state car insurance is fourth degree (up to 18 months). Health care claims fraud is a separate crime: second degree for a practitioner acting knowingly, third degree for others (second degree for five or more acts totaling $1,000), with fines up to five times the benefit sought.

Question 64

What happens if you commit welfare or unemployment fraud in New Jersey?

Accepted Answer

Work First New Jersey (welfare/TANF and related assistance): making a false statement to qualify and receiving benefits as a result is a crime of the fourth degree (up to 18 months); intentional misrepresentation also brings disqualification for 6 months (first violation), 12 months (second) and permanently (third), and fraudulently claiming residence in two or more states brings a 10-year bar. Medicaid: willfully obtaining benefits one is not entitled to, or false statements or concealment to get benefits or payments, is a third-degree crime (3-5 years) with no presumption against prison for first offenders. Unemployment: a knowingly false statement or failure to disclose a material fact to obtain benefits carries a fine of 25% of the amount fraudulently obtained for each offense, in addition to other penalties. Theft of health-care benefits budgeted by the Department of Human Services is graded as theft (third degree under $75,000; second degree at $75,000 or more).

Felony classes and maximum sentences	New Jersey grades indictable offenses as 'crimes' of the first through fourth degree (it does not use the term felony). Ordinary prison terms are fixed by the court: first degree — between 10 years and 20 years; second degree — between five years and 10 years; third degree — between three years and five years; fourth degree — shall not exceed 18 months (§ 2C:43-6(a)). Maximum fines: $200,000 for a crime of the first degree; $150,000 for the second degree; $15,000 for the third degree; $10,000 for the fourth degree (§ 2C:43-3). Murder and extended terms are sentenced under separate sections. Fines: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A43-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A43-3%5D2C%3A43-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:43-3; N.J.S. 2C:43-6(a)
Misdemeanor classes and maximum penalties	New Jersey's lower-level offenses are disorderly persons offenses and petty disorderly persons offenses, which 'are petty offenses' and 'are not crimes within the meaning of the Constitution of this State' (§ 2C:1-4). Disorderly persons offense — imprisonment not to exceed 6 months and a fine up to $1,000. Petty disorderly persons offense — imprisonment not to exceed 30 days and a fine up to $500. Fines: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A43-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A43-3%5D2C%3A43-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:1-4; N.J.S. 2C:43-3; N.J.S. 2C:43-8
How much theft is a felony	Theft becomes an indictable crime at $200. Less than $200 — disorderly persons offense. At least $200 but does not exceed $500 — crime of the fourth degree. Exceeds $500 but is less than $75,000 — crime of the third degree. $75,000 or more — crime of the second degree (also certain other property, such as property taken by extortion). Other listed circumstances can raise the grade regardless of amount. Source: N.J.S. 2C:20-2(b)

Criminal statutes of limitations	No limit: prosecutions for offenses under N.J.S. 2C:11-3 (murder), 2C:11-4 (manslaughter) and 2C:14-2 (sexual assault and aggravated sexual assault), among others listed, may be commenced at any time (§ 2C:1-6(a)). Crimes generally: within five years after the offense is committed. Disorderly persons and petty disorderly persons offenses: within one year. The period does not run while a prosecution for the same conduct is pending in New Jersey, and the limitations do not apply to any person fleeing from justice. Source: N.J.S. 2C:1-6
Bail and pretrial release	Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). Source: N.J.S. 2A:162-15 to -19, -25
Right to a public defender	The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. Statutes: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2A%3A158A-14&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2A%3A158A-14%5D2A%3A158A-14+application+fee+indigency&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; OPD overview: https://www.nj.gov/defender/clients/overview/ Source: N.J.S. 2A:158A-2, -5, -14, -15.1

Assault	Hitting, hurting or threatening someone is charged as assault in New Jersey. Simple assault — attempting to cause or purposely, knowingly or recklessly causing bodily injury, negligently causing bodily injury with a deadly weapon, or attempting by physical menace to put another in fear of imminent serious bodily injury — is a disorderly persons offense (up to 6 months), unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense (§ 2C:12-1(a)). It becomes aggravated assault, an indictable crime, based on the injury, weapon or victim: attempting to cause or causing serious bodily injury is a crime of the second degree (5 to 10 years); attempting to cause or causing significant bodily injury, or causing bodily injury with a deadly weapon, is a crime of the third degree (3 to 5 years) (§ 2C:12-1(b)(1), (2), (7)). Simple assault on a police officer, firefighter, EMT, school employee, health care worker or other listed victim is third degree if the victim suffers bodily injury and otherwise fourth degree (§ 2C:12-1(b)(5)). Penalty ranges (§ 2C:43-6(a), § 2C:43-8, § 2C:43-3): second degree — between five years and 10 years, fine up to $150,000; third degree — between three years and five years, fine up to $15,000; fourth degree — not to exceed 18 months, fine up to $10,000; disorderly persons offense — not to exceed 6 months, fine up to $1,000; petty disorderly persons offense — not to exceed 30 days, fine up to $500. Source: N.J.S. 2C:12-1(a), (b); N.J.S. 2C:43-6(a); N.J.S. 2C:43-8
Battery	New Jersey has no separate crime called battery. Unwanted physical contact that causes bodily injury is charged as simple or aggravated assault under § 2C:12-1, and offensive touching without injury (striking, kicking, shoving or other offensive touching done with purpose to harass) is charged as harassment, a petty disorderly persons offense (§ 2C:33-4). There is no separate domestic battery offense; see domestic violence. Source: N.J.S. 2C:12-1; N.J.S. 2C:33-4
Domestic violence	New Jersey does not have a separate 'domestic assault' crime. 'Domestic violence' means one or more listed offenses — including assault, harassment, stalking, cyber-harassment, terroristic threats, criminal mischief, burglary and criminal trespass — inflicted by an adult or emancipated minor on a protected person: a spouse, former spouse, current or former household member, someone with whom the person has (or expects) a child, or a dating partner (§ 2C:25-19(a), (d)). The underlying offense keeps its normal grade (for example, simple assault is a disorderly persons offense). Choking or strangling a domestic violence victim — knowingly or recklessly obstructing breathing or blood circulation, such as by pressure on the throat or neck or blocking the nose or mouth, causing or attempting to cause bodily injury — is aggravated assault, a crime of the second degree (§ 2C:12-1(b)(13)), punishable by 5 to 10 years (§ 2C:43-6(a)). Strangulation provision: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A12-1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A12-1%5D2C%3A12-1+simple+assault&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:25-19(a), (d); N.J.S. 2C:12-1(b)(13); N.J.S. 2C:43-6(a)
Harassment and stalking	Harassment — communicating anonymously, at inconvenient hours, or in offensively coarse language; striking, kicking, shoving or other offensive touching; or a course of alarming conduct, done with purpose to harass — is a petty disorderly persons offense, raised to a crime of the fourth degree if the person was on probation or parole or serving a sentence for an indictable offense, or targets a judge over the judge's official duties (§ 2C:33-4). Online harassment is called cyber-harassment: a crime of the fourth degree, and a crime of the third degree if an adult 21 or older impersonates a minor to cyber-harass a minor, or the victim is a public servant or a public servant's family member (§ 2C:33-4.1). Stalking — purposely or knowingly engaging in a course of conduct (by any action, method, device or means) directed at a specific person that would cause a reasonable person to fear for their safety or a third person's safety or suffer other emotional distress — is a crime of the fourth degree (up to 18 months) (§ 2C:12-10(b)). Stalking becomes a crime of the third degree (3 to 5 years) if it violates an existing court order, is a second or subsequent offense against the same victim, or is committed while in prison or on parole or probation for an indictable offense (§ 2C:12-10(c)-(e)). Harassment and cyber-harassment: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A33-4&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A33-4%5D2C%3A33-4+harassment&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:33-4; N.J.S. 2C:33-4.1; N.J.S. 2C:12-10; N.J.S. 2C:43-6(a)

Shoplifting and petty theft	Shoplifting is its own offense in New Jersey (§ 2C:20-11). If the full retail value of the merchandise is less than $200 it is a disorderly persons offense (up to 6 months, fine up to $1,000); at least $200 but not more than $500 is a crime of the fourth degree (§ 2C:20-11(c)). Every shoplifting conviction also carries community service: at least ten days for a first offense, at least 15 days for a second offense, and a maximum of 25 days for a third or subsequent offense; a person convicted of a third or subsequent shoplifting offense must serve a minimum term of imprisonment of not less than 90 days (§ 2C:20-11(c)). Separately, a merchant may sue a shoplifter in civil court for the value of the merchandise (not to exceed $500) if it cannot be returned in its original condition, plus a civil penalty of up to $150, with reasonable attorney's fees and court costs to the prevailing party; the civil statute does not apply if the merchandise is worth more than $500 (§ 2A:61C-1). Merchant civil action: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2A%3A61C-1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2A%3A61C-1%5D2A%3A61C-1+shoplifting+civil&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:20-11(c); N.J.S. 2A:61C-1; N.J.S. 2C:43-8
Burglary and robbery	Breaking into a building to commit a crime is burglary: entering or remaining in a structure or research facility without permission with purpose to commit an offense inside (§ 2C:18-2(a)). Burglary is a crime of the third degree (3 to 5 years), but a crime of the second degree (5 to 10 years) if, in the course of the offense, the person inflicts, attempts or threatens bodily injury on anyone, or is armed with or displays what appear to be explosives or a deadly weapon (§ 2C:18-2(b)). Robbery is theft by force or threat: in the course of a theft, inflicting bodily injury or using force, threatening or putting someone in fear of immediate bodily injury, or committing or threatening a first- or second-degree crime (§ 2C:15-1(a)). Robbery is a crime of the second degree, except that it is a crime of the first degree (between 10 and 20 years) if the robber attempts to kill anyone, 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:15-1(b); § 2C:43-6(a)). Robbery: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A15-1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A15-1%5D2C%3A15-1+robbery&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:18-2; N.J.S. 2C:15-1; N.J.S. 2C:43-6(a)
Vandalism (property damage)	Vandalism is called criminal mischief in New Jersey: purposely or knowingly damaging another person's tangible property, damaging it recklessly or negligently with fire, explosives or other dangerous means, or tampering with property so as to endanger a person or property (§ 2C:17-3(a)). The grade depends on the loss: $2,000 or more is a crime of the third degree; more than $500 but less than $2,000 is a crime of the fourth degree; $500 or less is a disorderly persons offense (§ 2C:17-3(b)). Graffiti — drawing, painting or making a mark or inscription on property without the owner's permission — is criminal mischief, and the court may also order restitution and community service (which may include removing the graffiti) of at least 20 days or the number of days needed to remove it (§ 2C:17-3(c), (d)). Source: N.J.S. 2C:17-3
Trespassing	Criminal trespass has two forms in New Jersey. Unlicensed entry — knowingly entering or secretly remaining in a structure (or a separately secured or occupied part of one), research facility, utility company property, or an airport's sterile or operational area without permission — is a disorderly persons offense, but a crime of the fourth degree (up to 18 months) if committed in a dwelling or in a school or on school property (§ 2C:18-3(a)). 'Defiant trespass' — knowingly entering or remaining in any place after notice against trespass is given by actual communication, posting, or fencing or other enclosure manifestly designed to exclude intruders — is a petty disorderly persons offense (up to 30 days) (§ 2C:18-3(b)). Source: N.J.S. 2C:18-3(a), (b); N.J.S. 2C:43-6(a); N.J.S. 2C:43-8

Drug possession	Possession of a Schedule I, II, III or IV controlled dangerous substance (for example heroin, cocaine or methamphetamine), in any amount, is a crime of the third degree, with a fine of up to $35,000 (§ 2C:35-10(a)(1)); the ordinary prison range for a third-degree crime is three to five years (§ 2C:43-6(a)). Possession of a Schedule V substance is a crime of the fourth degree with a fine of up to $15,000 (§ 2C:35-10(a)(2)). Using or possessing drug paraphernalia is a disorderly persons offense; paraphernalia used for marijuana or hashish is not punishable (§ 2C:36-2). A person with no prior drug conviction or prior supervisory treatment who is charged with a disorderly persons or petty disorderly persons drug offense may receive 'conditional discharge' supervisory treatment of up to three years; on successful completion the case is dismissed without an adjudication of guilt and is not deemed a conviction (§ 2C:36A-1). Paraphernalia: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A36-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A36-2%5D2C%3A36-2+paraphernalia&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; Conditional discharge: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A36A-1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A36A-1%5D2C%3A36A-1+conditional+discharge&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:35-10(a)(1), (a)(2); N.J.S. 2C:36-2; N.J.S. 2C:36A-1; N.J.S. 2C:43-6(a)
Hit and run	Leaving the scene of a crash (hit and run) is a motor vehicle offense under Title 39 and can also be a crime. Leaving the scene of a crash involving only damage to a vehicle or property: a fine of not less than $200 nor more than $400, or imprisonment of not more than 30 days, or both, and loss of driving privileges for six months for a first offense; for a subsequent offense a fine of not less than $400 nor more than $600 or imprisonment of not less than 30 days nor more than 90 days or both, and loss of the license for one year (R.S. 39:4-129(b)). Leaving the scene of a crash causing injury or death: a fine of not less than $2,500 nor more than $5,000, or imprisonment for 180 days, or both, and forfeiture of the license for one year for a first offense and permanently for a subsequent offense (R.S. 39:4-129(a)). Knowingly leaving the scene of a crash that results in serious bodily injury is a crime of the third degree (§ 2C:12-1.1), and one that results in death is a crime of the second degree (§ 2C:11-5.1). Serious bodily injury: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A12-1.1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A12-1.1%5D2C%3A12-1.1+leaving+scene&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; Death: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A11-5.1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A11-5.1%5D2C%3A11-5.1+leaving+scene&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: R.S. 39:4-129(a), (b); N.J.S. 2C:12-1.1; N.J.S. 2C:11-5.1
Reckless driving	Reckless driving is a motor vehicle offense in New Jersey (Title 39), not a crime under the criminal code. It means driving heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property (R.S. 39:4-96). A first offense is punishable by imprisonment in the county or municipal jail for not more than 60 days, or a fine of not less than $50 or more than $200, or both; a second or subsequent conviction by imprisonment for not more than three months, or a fine of not less than $100 or more than $500, or both (R.S. 39:4-96). Source: R.S. 39:4-96

New Jersey Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

Quick answers for New Jersey

Felonies, misdemeanors and theft

Self-defense

Charges, bail and your lawyer

Other common questions

Assault, battery and domestic violence

Shoplifting, burglary, vandalism and trespassing

Drugs and driving crimes

Arrests, court dates and probation

Public conduct crimes

Fraud, embezzlement and blackmail

Murder, manslaughter and other serious crimes

Online crimes and teens

Everyday laws: driving, drinking, knives and fireworks

Kidnapping, threats and sex crimes

Car theft, stolen property and drugs

Driving and boating

Fraud, bribery and tax crimes

Guns, recording, courts and juveniles

Death penalty, three strikes and rights after a felony

Is it legal? Delta-8, mushrooms, kratom, CBD and vaping

Elder abuse, voyeurism and assaulting an officer

Criminal Law FAQ

More New Jersey law

Resisting arrest	Resisting arrest — purposely preventing or trying to prevent a police officer from making a lawful arrest — is a disorderly persons offense (up to 6 months) (§ 2C:29-2(a)(1)). Doing so by running away (flight) is a crime of the fourth degree (§ 2C:29-2(a)(2)). It becomes a crime of the third degree if the person uses or threatens to use physical force or violence against the officer, or uses any other means to create a substantial risk of physical injury to the officer or another (§ 2C:29-2(a)(3)). Fleeing police in a car is called eluding: knowingly fleeing or trying to elude an officer after a signal to stop is a crime of the third degree, and a crime of the second degree if the flight creates a risk of death or injury to any person (§ 2C:29-2(b)). Source: N.J.S. 2C:29-2(a), (b)
Missing a court date	Missing a court date is called bail jumping or 'default in required appearance' in New Jersey. A person released by court order (with or without bail) or issued a summons who, without lawful excuse, fails to appear commits an offense; it is an affirmative defense to prove by a preponderance of evidence that the person did not knowingly fail to appear. It is a crime of the third degree if the appearance was to answer a charge of a crime of the third degree or greater (or for disposition of such a charge) and the person took flight or went into hiding; a crime of the fourth degree if the appearance was otherwise to answer a charge of a crime; and a disorderly persons or petty disorderly persons offense, respectively, when the underlying charge was such an offense. Third degree carries three to five years; fourth degree up to 18 months; a disorderly persons offense up to 6 months. Source: N.J.S. 2C:29-7; N.J.S. 2C:43-6(a); N.J.S. 2C:43-8
Probation violation	The court decides probation violations. Before the probation ends, the court may summon the person or issue an arrest warrant, and a probation or peace officer with probable cause may arrest without a warrant. The court may not revoke probation, or add, delete or modify conditions, except after a hearing on written notice of the grounds; the person may hear and contest the evidence, offer evidence, and be represented by counsel. If the court is satisfied the person 'inexcusably failed to comply with a substantial requirement' of probation or was convicted of another offense, it may revoke probation and impose any sentence that might have been imposed originally. Revocation may not be based on failure to pay a fine or restitution unless the failure was willful, and starting a revocation proceeding tolls (pauses) the probation period. Hearing rights: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A45-4&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A45-4%5D2C%3A45-4&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:45-3; N.J.S. 2C:45-4
Obstruction of justice	Obstruction is called 'obstructing administration of law or other governmental function': purposely obstructing, impairing or perverting the administration of law or preventing a public servant from lawfully performing an official function by flight, intimidation, force, violence, physical interference, or an independently unlawful act. It is a crime of the fourth degree if it obstructs the detection or investigation of a crime or a prosecution; otherwise it is a disorderly persons offense. Witness tampering (conduct a reasonable person would believe would cause a witness to testify falsely, withhold evidence, or stay away) is a crime of the third degree, second degree if force or threat of force is used, and first degree if force or threat is used in connection with certain listed serious crimes. Grade penalties: crime of the fourth degree — prison not to exceed 18 months and a fine up to $10,000; third degree — between three and five years and up to $15,000; second degree — between five and 10 years and up to $150,000; disorderly persons offense — up to 6 months and up to $1,000; petty disorderly persons offense — up to 30 days and up to $500 (N.J.S. 2C:43-6(a), 2C:43-3, 2C:43-8). Witness tampering: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A28-5&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A28-5%5D2C%3A28-5+witness&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:29-1; N.J.S. 2C:28-5
Perjury (lying under oath)	Perjury — making a material false statement under oath in an official proceeding that the person does not believe to be true — is a crime of the third degree (three to five years in prison and a fine up to $15,000). A statement is material if it could have affected the course or outcome of the proceeding. Retracting the false statement before the proceeding ends, without irreparable harm, is an affirmative defense. False swearing — any false statement under oath the person does not believe true, without the materiality and proceeding requirements — is a crime of the fourth degree (up to 18 months and up to $10,000). False swearing: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A28-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A28-2%5D2C%3A28-2+false+swearing&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:28-1; N.J.S. 2C:28-2; N.J.S. 2C:43-6(a); N.J.S. 2C:43-3

Public intoxication	Being drunk in public is not an offense in New Jersey. State law forbids any county, municipality or other political subdivision from adopting any law or ordinance 'rendering public intoxication or being found in any place in an intoxicated condition an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind.' Laws against drunk driving and similar offenses involving operating vehicles or hazardous equipment are not affected. Disruptive behavior while drunk can still be charged under other laws such as disorderly conduct. Source: N.J.S.A. 26:2B-26
Disorderly conduct	Disorderly conduct covers, with purpose to cause (or recklessly risking) public inconvenience, annoyance or alarm: fighting, threatening, or violent or tumultuous behavior, or creating a hazardous condition that serves no legitimate purpose. Addressing unreasonably loud and offensively coarse or abusive language to someone in a public place to offend them is also covered. Both are petty disorderly persons offenses (up to 30 days in jail and a fine up to $500). It becomes a disorderly persons offense (up to 6 months and up to $1,000) if the person conceals their identity with a mask or disguise during the conduct to instill fear, hinder prosecution or avoid apprehension, or acts to disrupt a public gathering or event. Subsections c. and d. were amended by P.L.2025, c.59. Source: N.J.S. 2C:33-2; N.J.S. 2C:43-8; N.J.S. 2C:43-3
Indecent exposure	Indecent exposure is called lewdness in New Jersey. Doing any flagrantly lewd and offensive act that the person knows or reasonably expects is likely to be seen by nonconsenting people who would be affronted or alarmed is a disorderly persons offense (up to 6 months and up to $1,000). It becomes a crime of the fourth degree (up to 18 months) to expose one's intimate parts for sexual arousal or gratification where the person knows or reasonably expects it is likely to be observed by a child under 13 (when the actor is at least four years older) or by a person who because of mental disease or defect cannot understand the sexual nature of the conduct. Source: N.J.S. 2C:14-4; N.J.S. 2C:43-6(a); N.J.S. 2C:43-8
Prostitution and solicitation	Prostitution is illegal throughout New Jersey. Offering sexual activity in exchange for something of value (selling) is a disorderly persons offense, and a second or subsequent conviction is a crime of the fourth degree. Being a patron (buying) is a disorderly persons offense; a second or third conviction is a crime of the fourth degree and a fourth or later conviction is a crime of the third degree, and if a motor vehicle was used the court must suspend the driver's license for six months. Engaging in prostitution with a person under 18 is a crime of the second degree, and promoting prostitution ranges from fourth to first degree. Being a human-trafficking victim or compelled by another is an affirmative defense. Loitering to engage in prostitution is a separate disorderly persons offense. Loitering: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A34-1.1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A34-1.1%5D2C%3A34-1.1+loitering&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:34-1; N.J.S. 2C:34-1.1
Gambling	New Jersey's Constitution bans gambling unless approved by voters, but authorizes: a State lottery; casinos within Atlantic City; sports wagering at Atlantic City casinos and at current or former horse racetracks (but not on college events held in New Jersey or involving a New Jersey college team); wagering on horse races; and bingo and raffles run by qualifying charitable, veterans, religious and similar organizations. Internet gaming is authorized by statute and is 'deemed to take place where a casino's server is located in Atlantic City.' Running illegal gambling ('promoting gambling') is a disorderly persons offense with a fine up to $10,000; bookmaking of three or more bets in two weeks is a crime of the fourth degree (fine up to $25,000); and bookmaking of more than five bets totaling more than $1,000 in a day, or larger lottery/policy operations, is a crime of the third degree (fine up to $35,000). Participating only as a player is an affirmative defense. Promoting gambling: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A37-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A37-2%5D2C%3A37-2+gambling&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; internet gaming: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=5%3A12-95.20&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+5%3A12-95.20%5D5%3A12-95.20+Internet&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J. Const. art. IV, § VII, ¶ 2; N.J.S.A. 5:12-95.20; N.J.S. 2C:37-2

Embezzlement	New Jersey has no separate crime called embezzlement; an employee or other person who keeps property they were obligated to pay over or hand on, and deals with it as their own, commits 'theft by failure to make required disposition of property received.' A government or financial-institution officer or employee is presumed to know the obligation and to have treated the property as their own if they fail to account on demand or an audit shows a shortage. It is graded like other theft by amount: under $200 a disorderly persons offense; $200 to $500 fourth degree; over $500 but under $75,000 third degree; $75,000 or more second degree; theft 'in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000 or more' is also second degree. A separate crime, misapplication of entrusted property by a fiduciary, is fourth degree if the benefit is $1,000 or less, third degree if over $1,000 but under $75,000, and second degree at $75,000 or more. Grading: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-2%5D2C%3A20-2+grading&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; misapplication: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A21-15&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A21-15%5D2C%3A21-15+entrusted&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:20-9; N.J.S. 2C:20-2(b); N.J.S. 2C:21-15
Fraud and identity theft	Identity theft is called 'impersonation; theft of identity' — impersonating someone or using another person's personal identifying information without authorization to obtain a benefit or services, avoid a debt, or avoid prosecution. It is a crime of the fourth degree if the benefit is under $500 and one victim is involved (third degree for a second or subsequent conviction); third degree if the benefit is $500 to under $75,000 or there are two to four victims; and second degree at $75,000 or more or five or more victims. Credit card fraud is a separate offense: knowingly using a counterfeit, forged, lost, stolen or fraudulently obtained credit card to obtain money, goods or services is a crime of the third degree, and several related acts (such as taking or buying a card without consent) are crimes of the fourth degree. Credit cards: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A21-6&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A21-6%5D2C%3A21-6+credit+card&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:21-17; N.J.S. 2C:21-6
Forgery	Forgery is altering, making or passing ('uttering') a writing — including checks, money, credit cards, access devices, receipts and ID — with purpose to defraud or injure. It is a crime of the third degree if the writing is or purports to be a check, government-issued money, stamps, licenses or instruments, securities, personal identifying information, an access device, a prescription blank, or 15 or more forged retail receipts or UPC labels; otherwise it is a crime of the fourth degree. Passing a bad check (knowing it will not be honored) is graded by amount: under $200 a disorderly persons offense; $200 to under $1,000 fourth degree; $1,000 to under $75,000 third degree; $75,000 or more second degree. Bad checks: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A21-5&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A21-5%5D2C%3A21-5+bad+checks&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:21-1; N.J.S. 2C:21-5
Blackmail (extortion)	Blackmail is charged as 'theft by extortion': obtaining someone's property by threatening to injure or confine anyone, commit a crime, accuse someone of an offense, expose a secret or any asserted fact (true or false) that would subject someone to hatred, contempt or ridicule, take official action, or inflict other harm. Theft by extortion is a crime of the second degree regardless of the amount (five to 10 years in prison and a fine up to $150,000). Threatening someone to force them to do or not do something, without obtaining property, is 'criminal coercion' — a crime of the fourth degree, or third degree if the threat is to commit a crime more serious than fourth degree or the actor's purpose is criminal. Coercion: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A13-5&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A13-5%5D2C%3A13-5+coercion&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; grading: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-2%5D2C%3A20-2+grading&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=5&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:20-5; N.J.S. 2C:20-2(b)(1)(b); N.J.S. 2C:13-5; N.J.S. 2C:43-6(a); N.J.S. 2C:43-3

Murder (first vs second degree)	New Jersey does not divide murder into first and second degree. Murder is purposely or knowingly causing death or serious bodily injury resulting in death, or a death caused during a listed felony such as robbery, sexual assault, arson, burglary, kidnapping or carjacking (felony murder, with an affirmative defense for some non-killing accomplices). Murder is a crime of the first degree with a sentence of 30 years without parole, or a specific term between 30 years and life with 30 years served before parole eligibility. Life without parole is required when the victim was a law enforcement officer killed on duty, for murder of a child under 18 during a sexual assault, and when a jury finds listed aggravating factors (for example a prior murder, torture, a victim under 14, or murder for hire). The section contains no death penalty. The former death-penalty subsections (c. through h.) are shown as deleted by P.L.2007, c.204. Source: N.J.S. 2C:11-3
Manslaughter (voluntary, involuntary, vehicular)	Aggravated manslaughter (recklessly causing death with extreme indifference to human life, or causing a death while fleeing police) is a crime of the first degree; for the extreme-indifference form the court may impose 10 to 30 years. Manslaughter (a reckless killing, or a killing in the heat of passion from reasonable provocation) is a crime of the second degree (five to 10 years, fine up to $150,000). Reckless vehicular homicide ('death by auto or vessel') is a crime of the second degree, raised to the first degree for drunk driving in a school zone or school crossing and lowered to the third degree if the only reckless act was failing to keep in a lane; drunk driving, or driving while suspended for DWI, requires prison with a parole bar of at least three years. Strict liability vehicular homicide (causing a death while driving drunk) is a crime of the third degree (three to five years). Vehicular homicide: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A11-5&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A11-5%5D2C%3A11-5+death+by+auto&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; strict liability: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A11-5.3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A11-5.3%5D2C%3A11-5.3+strict+liability+vehicular+homicide&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:11-4, 2C:11-5, 2C:11-5.3; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8
Child endangerment	Endangering the welfare of a child: a parent or other person with a legal duty of care who causes a child harm that would make the child abused or neglected under the child-welfare law commits a crime of the second degree (five to 10 years); anyone else who does so commits a crime of the third degree (three to five years). The same split applies to sexual conduct that would impair or debauch a child's morals. Separately, any parent, guardian or caretaker who abuses, abandons, is cruel to or neglects a child is guilty of a crime of the fourth degree (up to 18 months). Cruelty and neglect of children: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=9%3A6-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+9%3A6-3%5D9%3A6-3+cruelty+neglect+child&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . No separate 'contributing to the delinquency of a minor' offense was found in the sections reviewed. Source: N.J.S. 2C:24-4(a); R.S. 9:6-3; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8
Arson	Aggravated arson (starting a fire or explosion that purposely or knowingly puts someone in danger of death or injury, or to destroy another's building, or for insurance or to dodge zoning when people are recklessly endangered, or to destroy a forest) is a crime of the second degree (five to 10 years). Arson (purposely starting a fire that recklessly endangers a person, another's building or a forest, or to collect insurance) is a crime of the third degree (three to five years). Failing to control or report a dangerous fire one has a duty to fight or started is a crime of the fourth degree. Paying or being paid to set a fire, and arson of a church, synagogue, temple or other place of worship, are crimes of the first degree (worship places carry a 15-year parole bar). Source: N.J.S. 2C:17-1; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8
Human trafficking	Human trafficking (holding, recruiting, transporting or obtaining a person for sex or for labor or services by force, threats, debt bondage, taking their documents, abuse of legal process, fraud, or supplying drugs, or any recruiting of a child under 18 for sex) is a crime of the first degree (10 to 20 years). For organizers who profit and for trafficking a child for sex, the sentence is 20 years without parole or 20 years to life with 20 years before parole. Every conviction carries a fine of at least $25,000 and restitution to the victim. Being a trafficking victim is an affirmative defense. Source: N.J.S. 2C:13-8; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8
Money laundering	Money laundering (possessing, transporting or dealing in property a person knows or reasonably should believe came from crime, to promote the crime, conceal its source or avoid reporting requirements, or directing such transactions) is graded by the amount: $500,000 or more is a crime of the first degree (with a parole bar of one-third to one-half of the sentence); $75,000 to under $500,000 is a crime of the second degree; less is a crime of the third degree. The court may impose a fine up to $500,000, and the sentence runs consecutively to the sentence for the underlying crime. Offense definition: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A21-25&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A21-25%5D2C%3A21-25+money+laundering&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:21-25, 2C:21-27

Revenge porn (sharing intimate images)	Yes. Knowingly disclosing (sharing, posting, selling, etc.) a photo or video of another person's exposed intimate parts or sexual act, taken without consent where they expected privacy, without that person's consent to the disclosure is a crime of the third degree (three to five years), with a fine of up to $30,000. Secretly photographing or recording such images is also a third-degree crime. The victim may sue in Superior Court for actual damages of at least $1,000 per violation, punitive damages, attorney's fees and other relief; a criminal conviction is not required to sue. Civil action: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2A%3A58D-1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2A%3A58D-1%5D2A%3A58D-1+civil+action&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:14-9(b)-(c); N.J.S. 2A:58D-1; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8
Cyberbullying	Cyber-harassment: making online communications, with purpose to harass, that threaten injury or harm to a person or property, threaten a crime, or send or post lewd, indecent or obscene material meant to emotionally harm or frighten is a crime of the fourth degree (up to 18 months). It is a crime of the third degree if a person 21 or older impersonates a minor to cyber-harass a minor, or the victim is a public servant. A minor under 16 adjudicated delinquent may be ordered, with a parent, to complete a cyber-harassment class; a parent who fails to comply is a disorderly person fined up to $100 (first offense) or $500, and parents who willfully fail to supervise may be sued. Schools must separately adopt harassment, intimidation and bullying (HIB) policies. School HIB policy statute: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=18A%3A37-15&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+18A%3A37-15%5D18A%3A37-15+harassment+intimidation+bullying&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:33-4.1; N.J.S. 18A:37-15
Sexting by minors	When a juvenile complaint involves a juvenile creating, showing or sending a nude or sexually suggestive photo of a juvenile by phone or computer, and the court approves diversion, the resolution must include a remedial education or counseling program (or, where appropriate, a self-guided awareness program) about the legal and non-legal consequences of sharing sexually explicit images. The statute does not create a separate sexting offense. Source: N.J.S. 2A:4A-71.1
Underage drinking and fake IDs	A person under 21 who knowingly possesses or drinks alcohol (or cannabis) in a school, public place, public conveyance or motor vehicle gets a written warning for a first and second violation and a write-up with a referral to community services for a third or later violation; parents of under-18s are notified. Under the alcohol law, an underage person entering a licensed premises to buy alcohol, drinking there, or buying or trying to buy alcohol, and anyone misrepresenting age to get alcohol, is a disorderly person with a fine of at least $500. Displaying a fake driver's license or other government ID is a crime of the third degree and possessing one a crime of the fourth degree (using another person's information only to buy alcohol is excluded), and a conviction forfeits driving privileges for six months to two years. Purchase/misrepresenting age: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=33%3A1-81&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+33%3A1-81%5D33%3A1-81+underage+purchase&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; false documents: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A21-2.1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A21-2.1%5D2C%3A21-2.1+false+document&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:33-15; R.S. 33:1-81; N.J.S. 2C:21-2.1
Animal cruelty	Overworking, abusing or needlessly killing an animal, inflicting unnecessary cruelty, leaving it in a vehicle in inhumane conditions, or failing to give necessary care is a disorderly persons offense (up to six months and a $250-$1,000 or $500-$2,000 fine depending on the act); a repeat offense is a crime of the fourth degree. Purposely, knowingly or recklessly torturing, tormenting, maiming, poisoning or cruelly beating an animal, injuring it through neglect, or sexual contact with an animal is a crime of the fourth degree (up to 18 months), and a crime of the third degree (three to five years) if the animal dies or suffers serious bodily injury or the person has a prior conviction. Courts must also order up to 30 days of community service and restitution, and juveniles must receive mental health counseling. Section 4:22-17 as read does not itself set an animal-ownership ban. Source: N.J.S. 4:22-17; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8

Driving on a suspended license	Driving while suspended or revoked is a motor-vehicle offense: first offense, a $500 fine; second, $750 and one to five days in county jail; third or later, $1,000 and 10 days in jail. The court must also extend the suspension up to six months, and an accident causing injury brings 45 to 180 days in jail; added fines, one-to-two-year suspensions and jail apply when the suspension was for DWI or no insurance. Driving while suspended for a second DWI, or for a first DWI after a prior suspended-driving conviction, is a crime of the fourth degree with a mandatory 180 days without parole. Fourth-degree crime: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A40-26&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A40-26%5D2C%3A40-26+suspended&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: R.S. 39:3-40; N.J.S. 2C:40-26
Driving without a license	Driving without a valid permit or license is punishable by a fine up to $500 or up to 60 days in county jail; if the person has never been licensed anywhere, the fine is at least $200 and the court orders the Motor Vehicle Commission not to issue a license for at least 180 days. Not having one's license, registration and insurance card while driving, or not showing them to police, is a $150 fine ($250 for a bus driver), and the judge may dismiss the charge if documents valid on that day are shown in court. Possession and display: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=39%3A3-29&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+39%3A3-29%5D39%3A3-29+license+exhibit&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: R.S. 39:3-10(a), (u); R.S. 39:3-29
Open container in a car	All occupants of a motor vehicle on a public highway or its right-of-way may not possess an open or unsealed alcoholic beverage container (or unsealed smokable cannabis). Containers in the trunk, behind the last upright seat of a trunkless vehicle, or in the living quarters of a motor home are allowed, and passengers in a charter bus or limousine are exempt for alcohol. The fine is $200 for a first offense and $250 (or 10 days of community service) for a repeat offense. Source: R.S. 39:4-51b
Jaywalking	Where traffic is controlled by signals or police, pedestrians may not cross against a 'stop' or red signal and must cross only within a crosswalk; elsewhere they must use a crosswalk or cross at right angles, and a pedestrian crossing outside a crosswalk must yield to vehicles. Pedestrians may not step into the path of a car too close to stop, and must use the sidewalk where one is provided. These sections set no specific penalty, so the general penalty for the chapter applies: up to $50 or up to 15 days in jail, or both, or $50 to $200 for violations in certain listed articles of the chapter. General penalty: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=39%3A4-203&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+39%3A4-203%5D39%3A4-203+penalty&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: R.S. 39:4-32, 39:4-33, 39:4-34, 39:4-203
Knife laws	Knowingly possessing a gravity knife, switchblade knife, dagger, dirk, stiletto or ballistic knife without any explainable lawful purpose is a crime of the fourth degree (up to 18 months). Possessing any other weapon, including other dangerous knives, under circumstances not manifestly appropriate for its lawful uses is also a crime of the fourth degree, and possessing a weapon (other than a firearm) with a purpose to use it unlawfully against a person or property is a crime of the third degree. Possessing such a weapon on school, college or university buildings or grounds without written authorization is a crime of the fourth degree. The statutes set no blade-length limit. Definitions: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A39-1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A39-1%5D2C%3A39-1+definitions+weapon&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; other weapons and schools: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A39-5&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A39-5%5D2C%3A39-5+unlawful+possession+weapons&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:39-1, 2C:39-3(e), 2C:39-4(d), 2C:39-5(d)-(e); N.J.S. 2C:43-3, 2C:43-6, 2C:43-8
Fireworks	Most fireworks, including firecrackers, skyrockets, Roman candles and other aerial or explosive fireworks, are illegal for consumers. People 16 and older may buy and use 'sparkling devices and novelties': wire or wood sparklers, hand-held or ground-based non-explosive, non-aerial sparkling devices (within set powder limits), snakes, glow worms, smoke devices and trick noisemakers such as party poppers; municipalities may not further regulate their sale or use. Other fireworks may be sold only to permit holders. Selling or possessing illegal fireworks to sell is a crime of the fourth degree, and buying, using or possessing them is a petty disorderly persons offense (up to 30 days, fine up to $500). Penalties: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=21%3A3-8&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+21%3A3-8%5D21%3A3-8+penalty&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; definitions: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=21%3A2-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+21%3A2-2%5D21%3A2-2+definitions+sparkling+devices&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: R.S. 21:3-2, 21:3-8, 21:2-2; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8

Kidnapping	Kidnapping (unlawfully moving or confining someone to hold them for ransom, as a shield or hostage, or for purposes such as committing a crime, hurting or terrorizing the victim, or taking a child from a custodial parent) is a crime of the first degree with a special range of 15 to 30 years; it drops to second degree (5-10 years) if the victim is released unharmed in a safe place before arrest. If the victim is under 16 and is sexually assaulted, abused, or sold during the kidnapping, the term is 25 years without parole up to life (25 years before parole). Criminal restraint (unlawful restraint exposing the victim to risk of serious injury, or holding someone in involuntary servitude) is a third-degree crime (3-5 years). False imprisonment (knowingly restraining someone so as to substantially interfere with their liberty) is a disorderly persons offense (up to 6 months). Criminal restraint: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A13-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A13-2%5D2C%3A13-2&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; false imprisonment: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A13-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A13-3%5D2C%3A13-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:13-1, 2C:13-2, 2C:13-3; N.J.S. 2C:43-6
Criminal threats (terroristic threats)	Terroristic threats: threatening to commit any crime of violence intending to terrorize someone or to cause the evacuation of a building or public place or other serious public inconvenience (or recklessly disregarding that risk) is a crime of the third degree (3-5 years, up to $15,000), raised to second degree (5-10 years) if done during a declared national, State or county emergency. Threatening to kill someone, intending to put them in imminent fear of death under circumstances that make the threat believable, is also a third-degree crime. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:12-3; N.J.S. 2C:43-3, 2C:43-6
Sexual assault and rape	Rape is called sexual assault in New Jersey. Sexual assault (sexual penetration using coercion or without the victim's affirmative and freely-given permission, without severe injury, and listed abuse-of-authority situations such as a victim on probation or parole or in an institution) is a crime of the second degree (5-10 years, up to $150,000). Aggravated sexual assault (penetration during a robbery, kidnapping or other listed crime, while armed, with help from others, causing severe personal injury, or with a victim the actor knew or should have known was physically helpless or mentally incapacitated) is a crime of the first degree (10-20 years, up to $200,000). Criminal sexual contact (intentional touching of intimate parts in the same circumstances) is a fourth-degree crime (up to 18 months), or third degree (3-5 years) when aggravated. For sex with minors under the age of consent, see the age-of-consent page. Criminal sexual contact: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A14-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A14-3%5D2C%3A14-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:14-2(a), (c); N.J.S. 2C:14-3; N.J.S. 2C:43-3, 2C:43-6
Child molestation (child sexual abuse)	Sexual penetration of a child under 13 is aggravated sexual assault, a first-degree crime with a sentence between 25 years and life, of which 25 years must be served before parole (a plea agreement may set no less than 15 years without parole). Penetration of a child 13 to 15 by a relative, a person with supervisory power or a caregiver is also first degree. Sexual contact with a child under 13 by someone at least four years older, and penetration of a child 13 to 15 by someone at least four years older, are sexual assault, a second-degree crime (5-10 years). Endangering the welfare of a child by engaging in sexual conduct that would impair or debauch the child's morals is second degree for a parent or caregiver and third degree (3-5 years) for anyone else. Endangering: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A24-4&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A24-4%5D2C%3A24-4&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:14-2(a)(1)-(2), (b), (c)(4), (d); N.J.S. 2C:24-4(a)(1); N.J.S. 2C:43-6
Child pornography (child sexual abuse material)	New Jersey calls this child sexual abuse or exploitation material (CSAEM), and it includes computer-generated images. Causing or permitting a child under 18 to engage in a prohibited sexual act knowing it may be photographed, filmed or put on the internet is a first-degree crime (10-20 years); photographing or filming a child in such an act is second degree (5-10 years). Distributing it, possessing it with intent to distribute, or storing it in a file-sharing program is second degree, or first degree for 1,000 or more items, with mandatory parole-ineligibility terms of at least 5 years (25-999 items) or 10 years (1,000 or more). Knowingly possessing or viewing it is third degree (3-5 years) for under 1,000 items, second degree for 1,000 to 99,999, and first degree for 100,000 or more; a repeat offense requires an extended term. Each image counts as one item and each video as 10. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:24-4(b)(1), (3)-(5), (7); N.J.S. 2C:43-6
Online solicitation of a minor	Yes. Luring or enticing a child (attempting, by electronic or any other means, to lure or entice a person under 18, or someone the person reasonably believes is under 18, into a vehicle, building or isolated area, or to meet at any place, intending to commit a crime with or against the child) is a crime of the second degree: 5-10 years and up to $150,000. A second or later luring conviction requires prison with a parole-ineligibility term of one-third to one-half of the sentence or 3 years, whichever is greater, and a luring conviction after a prior sexual assault, aggravated criminal sexual contact or endangering conviction requires a 5-year mandatory minimum. A luring conviction does not merge with other offenses, so each is sentenced separately. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:13-6; N.J.S. 2C:43-3, 2C:43-6
Sex offender registration	People convicted, adjudicated delinquent or found not guilty by reason of insanity of listed sex offenses (including sexual assault, aggravated criminal sexual contact, endangering the welfare of a child by sexual conduct or with child sexual abuse material, luring, and kidnapping or restraint of a minor by a non-parent) must register under Megan's Law, as must out-of-state registrants who work or study in New Jersey. Registrants verify their address every 90 days (repetitive-compulsive offenders) or annually, and must re-register before moving. Registration has no fixed end date: a registrant may apply to the Superior Court to end it after 15 years without a new offense if not likely to pose a threat, but not someone with more than one sex offense or a conviction for aggravated sexual assault or forcible sexual assault. Community notification follows three levels based on risk of re-offense (low, moderate, high). Failing to register, to report an address or job change, or to verify an address is a crime of the third degree (3-5 years). Notification levels: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A7-8&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A7-8%5D2C%3A7-8&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:7-2(a)-(g); N.J.S. 2C:7-8(c); N.J.S. 2C:43-6

Car theft and joyriding	Theft of a motor vehicle (taking or controlling another person's vehicle intending to deprive them of it) is a crime of the third degree (3-5 years), or second degree (5-10 years) if the vehicle is worth $75,000 or more or more than one vehicle is stolen; thefts in one scheme may be added together. Joyriding (unlawful taking of a motor vehicle to keep it temporarily) is a fourth-degree crime (up to 18 months), third degree if the vehicle is driven in a way that risks injury or property damage; knowingly riding in a vehicle taken without consent is fourth degree. On top of the sentence, the court imposes a $500/$750/$1,000 penalty for a first/second/third offense and may suspend driving privileges for up to 1, 2 or 10 years. A prosecutor may seek an extended term for a persistent offender with two or more prior vehicle theft, receiving or carjacking convictions. Joyriding: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-10&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-10%5D2C%3A20-10&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; added penalties: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-2.1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-2.1%5D2C%3A20-2.1&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Carjacking is a separate first-degree offense (N.J.S. 2C:15-2). Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:20-10.1, 2C:20-10, 2C:20-2.1, 2C:20-10.3; N.J.S. 2C:43-6
Receiving stolen property	Receiving stolen property (knowingly receiving or bringing into New Jersey another's property knowing or believing it is probably stolen) is graded as theft by value: under $200 is a disorderly persons offense; $200-$500 is a fourth-degree crime (up to 18 months); more than $500 but under $75,000 is third degree (3-5 years); $75,000 or more is second degree (5-10 years); amounts from one scheme may be added together. Receiving a stolen motor vehicle is a separate third-degree crime (second degree if the vehicle is worth $75,000 or more). Trafficking in stolen property ('fencing') is graded by value, and advertising or helping sell property known to be stolen (including online) is a disorderly persons offense. Grading: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-2%5D2C%3A20-2&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; stolen motor vehicle: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-10.2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-10.2%5D2C%3A20-10.2&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; fostering sale (P.L.2025, c.39): https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-7.3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-7.3%5D2C%3A20-7.3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:20-7, 2C:20-2(b), 2C:20-10.2, 2C:20-7.1, 2C:20-7.3; N.J.S. 2C:43-6
Organized retail theft	Yes. Shoplifting committed in furtherance of an organized retail theft enterprise (two or more people working together to move or sell shoplifted goods) is a crime of the second degree if the merchandise is worth $1,000 or more and third degree if less; values from one scheme or enterprise may be added together regardless of the time period. Being a leader of an organized retail theft enterprise (organizing, supervising, financing or managing the scheme) is a separate second-degree crime (5-10 years) with a fine up to $250,000 or five times the retail value of the merchandise seized, whichever is greater. A person with two or more prior retail theft convictions may receive an extended term on the prosecutor's request. Shoplifting grading: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-11&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-11%5D2C%3A20-11&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:20-11(a)(11), (c); 2C:20-11.2; 2C:20-11.3
Drug trafficking and intent to distribute	Making, distributing, dispensing, or possessing with intent to distribute a controlled dangerous substance is graded by drug and amount. Heroin, cocaine, MDMA or methamphetamine: 5 ounces or more is a first-degree crime (10-20 years; for heroin, cocaine and MDMA a parole-ineligibility term of one-third to one-half of the sentence is required; fines up to $500,000, or $300,000 for methamphetamine); one-half ounce to under 5 ounces is second degree (5-10 years); less than one-half ounce is third degree (3-5 years, fine up to $75,000). Other Schedule I or II narcotics: 1 ounce or more is second degree, less is third degree. Marijuana: 25 pounds or 50 plants or more is first degree; 5-25 pounds second degree; over 1 ounce to under 5 pounds third degree. Leader of a narcotics trafficking network is a first-degree crime punished by life imprisonment with 25 years before parole and a fine up to $750,000 or five times street value. Leader of network: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A35-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A35-3%5D2C%3A35-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . LSD and PCP have separate thresholds (100 mg / 10 g for first degree). Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:35-5(b); N.J.S. 2C:35-3; N.J.S. 2C:43-6
Prescription drug fraud	Obtaining by fraud (getting a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge, such as a forged prescription) is a crime of the third degree (3-5 years) with a fine of up to $50,000. Stealing a New Jersey prescription blank is third-degree theft regardless of value. A separate 'doctor shopping' crime was not found in the sections read. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:35-13; N.J.S. 2C:20-2(b)(2)(j); N.J.S. 2C:43-6

Vehicular assault	Assault by auto or vessel (recklessly driving a vehicle or boat and injuring someone) is a crime of the fourth degree (up to 18 months) if serious bodily injury results and a disorderly persons offense if bodily injury results. If the driver was driving drunk or refused a breath test, it is third degree (3-5 years) for serious bodily injury and fourth degree for bodily injury. Drunk driving that seriously injures someone on or within 1,000 feet of school property or at a school crossing is second degree (5-10 years). Purposely aggressive driving at another vehicle is third degree for serious bodily injury and fourth degree for bodily injury. Using a hand-held phone while driving may support an inference of recklessness. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:12-1(c); N.J.S. 2C:43-6
Street racing	Racing a motor vehicle on a public highway for a wager, in a race, or to set a speed record is a motor vehicle violation with a fine of $25 to $100 for a first offense and $100 to $200 for a later offense. If racing injures someone, it can be charged as assault by auto, which covers reckless driving and purposely aggressive driving. Source: N.J.S.A. 39:4-52; N.J.S. 2C:12-1(c)
Boating under the influence (BUI)	Operating a power vessel or a vessel 12 feet or longer while under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08% or more, is prohibited (as is letting an impaired person operate your boat). First offense: fine of $250-$400 (BAC 0.08-0.10%) or $300-$500 (BAC 0.10% or more, or drugs), loss of boating privileges for 1 year, and loss of the driver's license for 3 months or 7 months to 1 year. Second offense: $500-$1,000 fine, 30 days community service, 48 hours to 90 days in jail, and 2-year loss of boating and driving privileges. Third or later offense: $1,000 fine, at least 180 days in jail (up to 90 days can be community service), and 10-year loss of boating and driving privileges. Offenses more than 10 years apart are treated as earlier-level offenses. Source: N.J.S.A. 12:7-46

Insurance fraud	Insurance fraud (knowingly making or omitting a material fact in a claim, application, payment or other insurance document) is a crime of the third degree (3-5 years), or second degree (5-10 years) if the person commits five or more acts and the total wrongfully obtained or sought is at least $1,000; each act is a separate offense. Falsely claiming an out-of-state residence or garaging to get out-of-state car insurance is fourth degree (up to 18 months). Health care claims fraud is a separate crime: second degree for a practitioner acting knowingly, third degree for others (second degree for five or more acts totaling $1,000), with fines up to five times the benefit sought. Health care claims fraud: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A21-4.3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A21-4.3%5D2C%3A21-4.3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:21-4.6; N.J.S. 2C:21-4.3; N.J.S. 2C:43-6
Welfare and unemployment fraud	Work First New Jersey (welfare/TANF and related assistance): making a false statement to qualify and receiving benefits as a result is a crime of the fourth degree (up to 18 months); intentional misrepresentation also brings disqualification for 6 months (first violation), 12 months (second) and permanently (third), and fraudulently claiming residence in two or more states brings a 10-year bar. Medicaid: willfully obtaining benefits one is not entitled to, or false statements or concealment to get benefits or payments, is a third-degree crime (3-5 years) with no presumption against prison for first offenders. Unemployment: a knowingly false statement or failure to disclose a material fact to obtain benefits carries a fine of 25% of the amount fraudulently obtained for each offense, in addition to other penalties. Theft of health-care benefits budgeted by the Department of Human Services is graded as theft (third degree under $75,000; second degree at $75,000 or more). Medicaid: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=30%3A4D-17&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+30%3A4D-17%5D30%3A4D-17&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; unemployment: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=43%3A21-16&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+43%3A21-16%5D43%3A21-16&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . A New Jersey statute specific to SNAP fraud was not found in the sections read. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S.A. 44:10-48(b)(8)-(9), (c); N.J.S.A. 30:4D-17(a)-(b); N.J.S.A. 43:21-16(a); N.J.S. 2C:20-2(b)
Bribery	Bribery in official and political matters (offering, giving, asking for or accepting any benefit not authorized by law in exchange for a public servant's, party official's or voter's decision, vote, or exercise of official duty or discretion) is a crime of the second degree (5-10 years), or third degree (3-5 years) if the benefit is worth $200 or less. Commercial bribery (benefits for violating a duty of fidelity as an employee, fiduciary, professional adviser, officer, labor official or arbitrator) is second degree at $75,000 or more, third degree over $1,000, and fourth degree at $1,000 or less. Public officers or employees convicted of crimes touching their office, including bribery, face mandatory minimum prison terms without parole. Commercial bribery: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A21-10&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A21-10%5D2C%3A21-10&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:27-2; N.J.S. 2C:21-10; N.J.S. 2C:43-6.5
State tax evasion	Failing to pay or turn over any State tax when due, intending to evade or avoid payment, is a crime of the third degree (3-5 years), or second degree (5-10 years) if any of the tax arose from conduct as a leader of an organized retail theft enterprise. Failing to file a required return with intent to defraud the State or evade tax is third degree, as is filing or helping prepare a false or fraudulent return to evade tax. Giving false information to hinder a tax investigation or audit is fourth degree. Reckless or negligent failures to file, pay, collect or withhold tax, or false returns, are disorderly persons offenses. Failure to file: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=54%3A52-8&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+54%3A52-8%5D54%3A52-8&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; fraudulent return: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=54%3A52-10&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+54%3A52-10%5D54%3A52-10&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S.A. 54:52-9, 54:52-8, 54:52-10, 54:52-7, 54:52-6; N.J.S. 2C:43-6
Computer hacking and cybercrime	Computer criminal activity (purposely or knowingly accessing a computer, network or data without authorization or beyond it) is a crime of the third degree (3-5 years). Altering, damaging or destroying data or systems, or disrupting computer services for other users, is second degree (5-10 years). Accessing a computer to defraud or to obtain money, property, services or personal identifying information is third degree, or second degree above $5,000; copying or taking data is third degree, or second degree for personal, medical or legally protected information or data worth over $5,000. Any of these is first degree (10-20 years) if it substantially disrupts public utilities or services, causes over $250,000 in loss, or causes significant bodily injury, and a sentence involving a government victim must include prison. Wrongfully accessing a computer and disclosing data is third degree, or second degree for legally protected information. Wrongful access and disclosure: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A20-31&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A20-31%5D2C%3A20-31&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . A provision naming ransomware was not found in the sections read. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:20-25; N.J.S. 2C:20-31; N.J.S. 2C:43-6

Felon in possession of a firearm	New Jersey's 'certain persons not to have weapons' law does not cover every past conviction; it lists specific crimes. A person convicted (here or elsewhere) of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, sexual assault, bias intimidation, carjacking, terroristic threats, endangering the welfare of a child, stalking, a domestic-violence crime, listed drug distribution crimes or listed weapons crimes, among others, who possesses a firearm commits a second-degree crime (5-10 years) with a mandatory 5 years without parole. Possessing other weapons or ammunition after those convictions, or after an indictable drug conviction or a mental health commitment, is a fourth-degree crime (up to 18 months). A person with a domestic-violence disorderly persons conviction, or subject to a domestic violence or extreme risk order barring firearms, who possesses one commits a third-degree crime (3-5 years). The section read does not set out a way to restore firearm rights. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:39-7(a)-(c); N.J.S. 2C:43-6
Recording conversations (one-party consent)	One-party consent. A person who is a party to a phone, electronic or in-person conversation, or who has the prior consent of one party, may record it, unless it is done to commit a criminal, tortious or other injurious act. Being the subscriber to a phone line does not give consent to record calls among other people on it. Purposely intercepting a wire, electronic or oral communication without that consent, or knowingly disclosing or using an illegally intercepted one, is a crime of the third degree (3-5 years, up to $15,000). A person whose communication is unlawfully intercepted may also sue for damages. Offense: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2A%3A156A-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2A%3A156A-3%5D2A%3A156A-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; civil liability is in 2A:156A-24 (not read). Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S.A. 2A:156A-3, 2A:156A-4(d); N.J.S. 2C:43-3, 2C:43-6
Filing a false police report	Making a fictitious report (reporting to police a crime or incident you know did not happen, or pretending to have information about one) is a crime of the fourth degree (up to 18 months). Giving police false information to implicate another person is third degree (3-5 years), or second degree (5-10 years) if it would implicate them in a first- or second-degree crime. False public alarms (the law covering swatting-type calls): falsely reporting an impending fire, explosion, crime or emergency likely to cause an evacuation or public alarm is third degree, and second degree if the report involves a bombing, hostage situation, armed person or any incident that brings an immediate or heightened police or emergency response; it rises to second degree if someone is seriously hurt and first degree if someone dies. Calling 9-1-1 without a need for 9-1-1 service is fourth degree, and doing so to intimidate someone because of a protected characteristic is third degree. False public alarms: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A33-3&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A33-3%5D2C%3A33-3&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:28-4; N.J.S. 2C:33-3; N.J.S. 2C:43-6
Hate crimes	Yes. Bias intimidation is a separate crime: committing, attempting or threatening listed offenses (such as assault, threats, homicide, kidnapping, sex offenses, criminal mischief, harassment and certain weapons offenses) to intimidate someone, or in a way that makes the victim reasonably believe they were targeted, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. It is a fourth-degree crime if the underlying offense is a disorderly persons offense; otherwise it is one degree higher than the underlying crime, and for a first-degree crime the ordinary term becomes 15 to 30 years. The bias conviction does not merge with the underlying offense, so both are sentenced, and the court may also order sensitivity training, counseling or payments to a victim-services program. Being mistaken about the victim's characteristic is not a defense. Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:16-1
Parole violation	The State Parole Board decides. A parolee who violates a condition of parole may be given added conditions or lose commutation (good-time) credits; a parolee who has seriously or persistently violated conditions may have parole revoked and be returned to custody. Revocation requires a hearing before a hearing officer within 60 days after the parolee is taken into custody, with written notice and the rights to a lawyer, to confront witnesses and to present evidence; a board panel may revoke parole if there is clear and convincing evidence of a violation, or may modify or continue parole. Parole is revoked for a new crime committed on parole unless the parolee shows good cause by clear and convincing evidence. Parole may not be revoked based on certain marijuana offenses. Hearing: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=30%3A4-123.63&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+30%3A4-123.63%5D30%3A4-123.63&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S.A. 30:4-123.60, 30:4-123.63
Violating a restraining order	Knowingly violating a domestic violence restraining order is contempt: a crime of the fourth degree (up to 18 months, up to $10,000) when the violating conduct could itself be a crime or disorderly persons offense, and otherwise a disorderly persons offense (up to 6 months). A second or later nonindictable domestic violence contempt conviction carries a minimum of 30 days in jail. Violating a stalking restraining order is a third-degree crime (3-5 years) when the conduct could itself be an offense, and violating an extreme risk protective order is fourth degree. Violating a sexual assault survivor protection order follows the same fourth-degree/disorderly persons split as domestic violence orders. Repeat minimum: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A25-30&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A25-30%5D2C%3A25-30&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu . Penalties (N.J.S. 2C:43-3, 2C:43-6, 2C:43-8): first degree 10-20 years and up to $200,000; second degree 5-10 years and up to $150,000; third degree 3-5 years and up to $15,000; fourth degree up to 18 months and up to $10,000; disorderly persons offense up to 6 months and $1,000. Source: N.J.S. 2C:29-9(b)-(e); N.J.S.A. 2C:25-30; N.J.S. 2C:43-3, 2C:43-6, 2C:43-8
Juveniles tried as adults	New Jersey uses judicial waiver; no statute read sends juveniles directly to adult court. On a prosecutor's motion filed within 60 days of the complaint, the Family Part must waive jurisdiction and send the case to adult court if the juvenile was 15 or older and there is probable cause for a listed offense: criminal homicide (other than death by auto), drug-induced death, first-degree robbery, carjacking, aggravated sexual assault, sexual assault, second-degree aggravated assault, kidnapping, aggravated arson, listed firearm and drug-network crimes, or an attempt or conspiracy to commit one, or a crime committed after an earlier adult prison sentence. The court may deny the motion if clearly convinced the prosecutor abused discretion in weighing factors such as age and maturity, prior history and mental health. A waived juvenile convicted of a listed offense is presumed to serve custody in a juvenile facility until age 21. Source: N.J.S.A. 2A:4A-26.1

Death penalty	New Jersey law does not provide for the death penalty. Under the murder statute, the harshest sentence is life imprisonment without parole, which applies to murder of a law enforcement officer on duty, murder of a child under 18 during a sexual assault, and murder with listed aggravating factors found by a jury (such as a prior murder, torture, murder for hire, or murder of a child under 14). Other murders carry 30 years without parole or a term between 30 years and life with 30 years served before parole. The statute's former capital-sentencing subsections (c through h) were deleted by P.L.2007, c.204. Source: N.J.S. 2C:11-3(b)-(h)
Three strikes and habitual offender laws	Yes. New Jersey's 'three strikes' law requires life imprisonment without parole for a person convicted of murder, aggravated manslaughter, first-degree kidnapping, aggravated sexual assault (listed forms), robbery or carjacking who has two or more prior convictions, on separate occasions, for any of those crimes (or substantially equivalent crimes elsewhere). A person convicted of a listed second- or third-degree violent crime (such as second-degree robbery, second-degree burglary or aggravated assault) with two or more prior convictions for listed violent crimes must receive an extended term under 2C:43-7. The law applies only if the new crime was committed within 10 years of the last release from confinement or of the most recent prior crime, and only after a hearing on written notice. 'Life' means natural life, but a person 70 or older who has served at least 35 years must be paroled if the full Parole Board finds the person is not a danger. Source: N.J.S. 2C:43-7.1(a)-(e)
Voting with a felony conviction	People with felony-level (indictable) convictions lose the right to vote only while they are serving a sentence of incarceration. Once released, they may register and vote, including while on parole or probation. The law lists no waiting period or application. (A separate rule applies to people convicted of election-law crimes whose sentence took away the right to vote while incarcerated.) Source: N.J.S. 19:4-1(6)-(8) (amended by P.L.2019, c.270)
Restoring rights after a felony	Voting returns automatically on release from incarceration; no application is needed. Jury service is different: a person convicted of any indictable offense under New Jersey, another state's or federal law is not qualified to serve on a jury, and the qualifications statute gives no restoration path. A public official convicted of a dishonesty offense, a crime of the third degree or above, or an offense touching the office forfeits the office, and a person convicted of an offense involving or touching public office is forever disqualified from holding public office in New Jersey. Firearm possession is barred after the convictions listed in the 'certain persons' law. Voting: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=19%3A4-1&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+19%3A4-1%5D19%3A4-1&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; office: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A51-2&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A51-2%5D2C%3A51-2&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu ; firearms: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2C%3A39-7&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2C%3A39-7%5D2C%3A39-7&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 19:4-1(8); N.J.S. 2B:20-1(e); N.J.S. 2C:51-2(a), (d); N.J.S. 2C:39-7

Delta-8 and hemp THC products	Restricted. P.L.2025, c.215 (signed January 12, 2026, effective January 13, 2026; revised by P.L.2026, c.7, effective March 30, 2026) changed the definition of hemp effective April 13, 2026: hemp with more than 0.3 percent total THC (including delta-8, delta-10, THC-A and comparable cannabinoids), cannabinoids not naturally produced by the plant or chemically synthesized, and products with more than 0.4 milligrams of total THC per container are now treated as cannabis, subject to cannabis licensing. The law also bans selling any product with a detectable amount of THC to anyone under 21, online sales of hemp-derived products, and selling synthesized cannabinoids. Hemp-derived beverages with more than 0.4 milligrams of THC per container may be sold by certain alcohol licensees and licensed cannabis retailers only until November 13, 2026 (from May 31, 2026, limited to 10 mg per can or 5 mg per serving); after that they are cannabis sold only by licensed cannabis retailers. Department of Health guidance (Aug. 19, 2026): civil penalties under P.L.2025, c.215 of $100 (first violation), $1,000 (second) and $10,000 (third and later), each day a separate offense; it also notes P.L.2026, c.13 (signed May 29, 2026) revised certain hemp and beverage restrictions. https://www.nj.gov/health/ceohs/documents/phfpp/Local_Health_Department_Guidance_for_Assessing_CBD__THC_in_Food_-_08_19_2026.pdf Source: P.L.2025, c.215; P.L.2026, c.7 (as described by the Cannabis Regulatory Commission)
Magic mushrooms (psilocybin)	Possession of one ounce or less of psilocybin is a disorderly persons offense (up to 6 months in jail and a $1,000 fine). Possessing a controlled dangerous substance in Schedules I-IV that the section does not specifically cover is a crime of the third degree (3-5 years) with a fine of up to $35,000. Distribution is charged separately. Source: N.J.S. 2C:35-10(a)(1), (a)(5); N.J.S. 2C:43-8
CBD	Since April 13, 2026, a 'hemp-derived cannabinoid product' (such as a CBD product) must have a total THC concentration below 0.3 percent on a dry weight basis and less than 0.4 milligrams of total THC per container; products above those limits are treated as cannabis. Hemp-derived cannabinoid products may be sold by licensed cannabis retailers that follow the Commission's testing, packaging and labeling rules, and no product with a detectable amount of THC may be sold to anyone under 21. The Department of Health treats any food or drink containing CBD, THC or other cannabinoids as adulterated under N.J.S.A. 24:5-8, so CBD may not be sold as food in retail food establishments; local health departments may embargo such products and seek civil penalties of $50 to $1,000 per violation. Food rules: https://www.nj.gov/health/ceohs/documents/phfpp/Local_Health_Department_Guidance_for_Assessing_CBD__THC_in_Food_-_08_19_2026.pdf Source: P.L.2025, c.215; P.L.2026, c.7; N.J.S.A. 24:5-8; N.J.S.A. 26:1A-10 (as described by the Cannabis Regulatory Commission and Department of Health)
Smoking and vaping age	The minimum age to buy tobacco products and electronic smoking devices (vapes) is 21. Selling or giving cigarettes, any tobacco, an e-cigarette or vape or its components, or a cannabis item to a person under 21 is a petty disorderly persons offense punished by a fine (twice that fine for a repeat), and sellers also face civil penalties of at least $500 for a first violation, $1,000 for a second and $2,000 for each later one, plus possible suspension or revocation of a retail tobacco license. A false ID shown by the buyer is a defense. Civil penalties: https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=2A%3A170-51.4&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain%3A+2A%3A170-51.4%5D2A%3A170-51.4&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_hc=%5BXML%5D%5BKwic%2C400%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Source: N.J.S. 2C:33-13.1; N.J.S. 2A:170-51.4

Elder abuse	A person who has a legal duty to care for, or has taken on continuing care of, someone 60 or older or a disabled adult and who abandons that person or unreasonably neglects (or blocks) care needed for the person's physical or mental health commits a crime of the third degree (3-5 years). The law does not exclude prosecution for any other offense, such as assault or theft. Source: N.J.S. 2C:24-8; N.J.S. 2C:43-6
Voyeurism (peeping tom)	New Jersey calls this invasion of privacy. Secretly watching someone, without consent, where the person may be nude or engaged in sexual activity and would not expect to be observed is a crime of the fourth degree (up to 18 months). Photographing, filming or recording such a person is third degree (3-5 years); recording someone's undergarment-clad intimate parts is fourth degree. Disclosing (sharing, selling or posting) such images without consent is third degree with a fine of up to $30,000. Retail fitting rooms are covered, with a narrow exception for the entrance area when notice is posted. Source: N.J.S. 2C:14-9(a)-(f); N.J.S. 2C:43-6
Assaulting a police officer	Simple assault is normally a disorderly persons offense (up to 6 months). A simple assault on a law enforcement officer performing duties (or because of the officer's status) is aggravated assault: a crime of the fourth degree (up to 18 months), or third degree (3-5 years) if the officer suffers bodily injury, or second degree (5-10 years) if the officer suffers serious bodily injury. The same upgrade applies to assaults on firefighters, EMS workers, school employees, judges, corrections and probation officers, utility workers, health care workers and retail store employees on duty; an assault on a bus or rail operator is third degree. A conviction for assaulting a law enforcement officer does not merge with any other conviction. Source: N.J.S. 2C:12-1(a), (b)(5); N.J.S. 2C:43-6