Author Archives: tsclaw2209

Harassment, 2C:33-4

Harassment, 2C:33-4
 Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

 a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

 b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

 c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

 A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
 e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.

With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

False public alarms, 2C:33-3

False public alarms, 2C:33-3  

 2C:33-3.  False Public Alarms. a. Except as provided in subsection b. or c. of this section, a person is guilty of a crime of the third degree if he initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm.  A person is guilty of a crime of the third degree if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.
 b. A person is guilty of a crime of the second degree if in addition to the report or warning initiated, circulated or transmitted under subsection a. of this section, he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm. A violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.

 c. A person is guilty of a crime of the second degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency.  A person is guilty of a crime of the first degree if a violation of subsection a. of this section in fact results in death.

 d. For the purposes of this section, “in fact” means that strict liability is imposed. It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the person’s acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the actor.  The actor shall be strictly liable upon proof that the crime occurred during a declared period of national, State or county emergency.  It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

 e. A person is guilty of a crime of the fourth degree if the person knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.

With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Loitering to obtain or distribute CDS, 2C:33-2.1

Loitering to obtain or distribute CDS, 2C:33-2.1
 
  b.     A person, whether on foot or in a motor vehicle, commits a disorderly persons offense if (1) he wanders, remains or prowls in a public place with the purpose of unlawfully obtaining or distributing a controlled dangerous substance or controlled substance analog; and (2) engages in conduct that, under the circumstances, manifests a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog. 

  c.     Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to obtain or distribute a controlled dangerous substance or controlled substance analog includes, but is not limited to, conduct such as the following: 

  (1)    Repeatedly beckoning to or stopping pedestrians or motorists in a public place; 

  (2)    Repeatedly passing objects to or receiving objects from pedestrians or motorists in a public place; 

  (3)    Repeatedly circling in a public place in a motor vehicle and on one or more occasions passing any object to or receiving any object from a person in a public place. 

  d.     The element of the offense described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.

With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Disorderly conduct, 2C:33-2

Disorderly conduct, 2C:33-2
      a.  Improper behavior.    A person is guilty of a petty disorderly persons  offense, if with purpose to cause public inconvenience, annoyance or alarm, or  recklessly creating a risk thereof he

    (1) Engages in fighting or threatening, or in violent or tumultuous behavior;  or

    (2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.

      b.  Offensive language.    A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

     “Public”  means affecting or likely to affect persons in a place to which the public or a substantial group has access;  among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Riot; failure to disperse, 2C:33-1

Riot;  failure to disperse, 2C:33-1
      a.  Riot.    A person is guilty of riot if he participates with four or more others in a course of disorderly conduct as defined in section 2C:33-2a:

    (1) With purpose to commit or facilitate the commission of a crime;

     (2) With purpose to prevent or coerce official action;  or

     (3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon.

     Riot if committed under circumstances set forth in paragraph (3) is a crime  of the third degree.  Otherwise riot is a crime of the fourth degree.

       b.  Failure of disorderly persons to disperse upon official order. Where five or more persons are participating in a course of disorderly conduct  as defined in section 2C:33-2 a. likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse.  A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Contempt, 2C:29-9

Contempt, 2C:29-9

a. A person is guilty of a crime of the fourth degree if he purposely or knowingly disobeys a judicial order or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.

 b. Except as provided below, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.  In all other cases a person is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of this act or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.  Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this subsection.

 As used in this subsection, “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Bail jumping, 2C:29-7

Bail jumping, 2C:29-7
    A person set at liberty by court order, with or without bail, or who has been issued a summons, upon condition that he will subsequently appear at a specified time and place in connection with any offense or any violation of law  punishable by a period of incarceration, commits an offense if, without lawful  excuse, he fails to appear at that time and place.  It is an affirmative  defense for the defendant to prove, by a preponderance of evidence, that he did  not knowingly fail to appear.  The offense constitutes a crime of the third  degree where the required appearance was to answer to a charge of a crime of  the third degree or greater, or for disposition of any such charge and the  actor took flight or went into hiding to avoid apprehension, trial or  punishment.  The offense constitutes a crime of the fourth degree where the  required appearance was otherwise to answer to a charge of crime or for  disposition of such charge.  The offense constitutes a disorderly persons  offense or a petty disorderly persons offense, respectively, when the required appearance was to answer a charge of such an offense or for disposition of any  such charge.  Where the bail imposed or summons issued is in connection with  any other violation of law, the failure to appear shall be a disorderly persons  offense.

    This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.  Nothing herein shall interfere with or prevent the exercise by any court of this State of its power to punish for contempt.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Implements for escape; other contraband, 2C:29-6.

Implements for escape;  other contraband, 2C:29-6. 
      a.  Escape implements.    (1) A person commits an offense if he knowingly  and unlawfully introduces within an institution for commitment of persons under  N.J.S. 2C:4-8 or a detention facility, or knowingly and unlawfully provides an  inmate with any weapon, tool, instrument, document or other thing which may be  useful for escape.  The offense is a crime of the second degree and shall be  punished by a minimum term of imprisonment, which shall be fixed at no less  than three years if the item is a weapon as defined by N.J.S. 2C:39-1(r).   Otherwise it is a crime of the third degree.

    (2) An inmate of an institution or facility defined by paragraph (1) of subsection a. of this section commits an offense if he knowingly and unlawfully  procures, makes, or otherwise provides himself with, or has in his possession,  any such implement of escape.  The offense is a crime of the second degree and  shall be punished by a minimum term of imprisonment, which shall be fixed at no  less than three years if the item is a weapon as defined by N.J.S. 2C:39-1(r).   Otherwise it is a crime of the third degree.

     “Unlawfully”  means surreptitiously or contrary to law, regulation or order  of the detaining authority.

      b.  Other contraband.    A person commits a petty disorderly persons offense if he provides an inmate with any other thing which the actor knows or should know it is unlawful for the inmate to possess.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.

Escape, 2C:29-5

Escape, 2C:29-5

a.  Escape.  A person commits an offense if he without lawful authority removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period.  “Official detention” means arrest, detention in any facility for custody of persons under charge or conviction of a crime or offense, or committed pursuant to chapter 4 of this Title, or alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes; but “official detention” does not include supervision of probation or parole, or constraint incidental to release on bail. 

b.   Absconding from parole. A person subject to parole commits a crime of the third degree if the person goes into hiding or leaves the State with a purpose of avoiding supervision. As used in this subsection, “parole” includes participation in the Intensive Supervision Program (ISP) established pursuant to the Rules Governing the Courts of the State of New Jersey. Abandoning a place of residence without the prior permission of or notice to the appropriate supervising authority shall constitute prima facie evidence that the person intended to avoid such supervision. 

c.   Permitting or facilitating escape.  A public servant concerned in detention commits an offense if he knowingly or recklessly permits an escape. Any person who knowingly causes or facilitates an escape commits an offense. 

d.   Effect of legal irregularity in detention.  Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, shall not be a defense to prosecution under this section if the escape is from a prison or other custodial facility or from detention pursuant to commitment by official proceedings. In the case of other detentions, irregularity or lack of jurisdiction shall be a defense only if: 

    (1)  The escape involved no substantial risk of harm to the person or property of anyone other than the detainee; or 

    (2)  The detaining authority did not act in good faith under color of law. 

    e.   Grading of offenses.  An offense under subsection a. or c. of this section is a crime of the second degree where the actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape. Otherwise it is a crime of the third degree.

Hindering Apprehension or Prosecution, 2C:29-3

 

Hindering Apprehension or Prosecution, 2C:29-3
 a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

 (1) Harbors or conceals the other;

 (2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

 (3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

 (4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

 (5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

 (6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

 (7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

 The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, parent or child of the person aided, in which case the offense is a crime of the fourth degree.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

 b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

 (1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

 (2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or
 (3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

 (4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

 The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today.