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The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
Title 9
Children – Juvenile and Domestic Relations Courts
9:2-4.1 Person convicted of sexual assault,
custody of, visitation to minor child; denied, exceptions.
1. a. Notwithstanding any provision of law to the contrary,
a person convicted of sexual assault under N.J.S.2C:14-2 shall not be awarded
the custody of or visitation rights to any minor child, including a minor child
who was born as a result of or was the victim of the sexual assault, except
upon a showing by clear and convincing evidence that it is in the best interest
of the child for custody or visitation rights to be awarded.
However, a court that awards such custody or visitation rights to a person
convicted of sexual assault under N.J.S.2C:14-2 shall stay enforcement of the
order or judgment for at least 10 days in order to permit the appeal of the
order or judgment and application for a stay in accordance with the Rules of
Court.
b. Notwithstanding any provision of law to the contrary, a person convicted
of sexual contact under N.J.S.2C:14-3 or endangering the welfare of a child
under N.J.S.2C:24-4 shall not be awarded the custody of or visitation rights to
any minor child, except upon a showing by clear and convincing evidence that it
is in the best interest of the child for such custody or visitation rights to
be awarded. However, a court that awards such custody or visitation
rights to a person convicted of sexual contact under N.J.S.2C:14-3 or
endangering the welfare of a child under N.J.S.2C:24-4 shall stay enforcement
of the order or judgment for at least 10 days in order to permit the appeal of
the order or judgment and application for a stay in accordance with the Rules
of Court.
c. A denial of custody or visitation under this section shall not by
itself terminate the parental rights of the person denied visitation or
custody, nor shall it affect the obligation of the person to support the minor
child.
d. In any proceeding for establishment or enforcement of
such an obligation of support the victim shall not be required to appear in the
presence of the obligor and the victim's and child's whereabouts shall be kept
confidential.
L.1995,c.55,s.1; amended 1999, c.424.
9:6-8.9. "Abused
child" defined
For purposes of this act:
"Abused child" means a child under the age of 18 years whose
parent, guardian, or other person having his custody and control:
a. Inflicts or allows to be inflicted upon such child physical
injury by other than accidental means which causes or creates a substantial risk
of death, or serious or protracted disfigurement, or protracted impairment of
physical or emotional health or protracted loss or impairment of the function
of any bodily organ;
b. Creates or allows to be created a substantial or ongoing risk
of physical injury to such child by other than accidental means which would be
likely to cause death or serious or protracted disfigurement, or protracted
loss or impairment of the function of any bodily organ; or
c. Commits or allows to be committed an act of sexual abuse
against the child;
d. Or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, or such other person having his custody and control, to exercise a minimum degree of care (1) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (2) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment or using excessive physical restraint under circumstances which do not indicate that the child's behavior is harmful to himself, others or property; or by any other act of a similarly serious nature requiring the aid of the court;
e. Or a child who has been willfully abandoned by his parent or
guardian, or such other person having his custody and control;
f. Or a child who is in an institution as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21) and (1) has been so placed inappropriately for a continued period of time with the knowledge that the placement has resulted and may continue to result in harm to the child's mental or physical well-being or (2) has been willfully isolated from ordinary social contact under circumstances which indicate emotional or social deprivation.
A child shall not be considered abused pursuant to subsection f. of this section if the acts or omissions described therein occur in a day school as defined in section 1 of P.L.1974, c. 119 (C. 9:6-8.21).
L. 1971, c.437, s.2; amended by L. 1974, c.119,
s.53; 1987,c.341,s.3.
9:6-8.84
Definitions relative to child abuse, neglect.
2. As used in this act:
"Board" means the Child Fatality and Near Fatality Review
Board established under P.L.1997, c.175 (C.9:6-8.83 et al.).
"Child" means any person under the age of 18.
"Commissioner" means the Commissioner of Children and
Families.
"Division" means the Division of Youth and Family Services in
the Department of Children and
Families.
"Near fatality" means a case in which a child is in serious
or critical condition, as certified by a physician.
"Panel" means a citizen review panel as established under
P.L.1997, c.175 (C.9:6-8.83 et al.).
"Parent or guardian" means a person defined pursuant to
section 1 of P.L.1974, c.119 (C.9:6-8.21) who has the responsibility for the
care, custody or control of a child or upon whom there is a legal duty for such
care.
"Reasonable efforts" means attempts by an agency authorized
by the Division of Youth and Family Services to assist the parents in remedying
the circumstances and conditions that led to the placement of the child and in
reinforcing the family structure, as defined in section 7 of P.L.1991, c.275
(C.30:4C-15.1).
Sexual abuse" means contacts or actions
between a child and a parent or caretaker for the purpose of sexual stimulation
of either that person or another person. Sexual abuse includes: a. the
employment, use, persuasion, inducement, enticement or coercion of any child to
engage in, or assist any other person to engage in, any sexually explicit
conduct or simulation of such conduct;
b. sexual conduct including molestation, prostitution, other forms of
sexual exploitation of children or incest; or
c. sexual penetration and sexual contact as defined in N.J.S.2C:14-1
and a prohibited sexual act as defined in N.J.S.2C:24-4.
"Significant bodily injury" means a
temporary loss of the functioning of any bodily member or organ or temporary
loss of any one of the five senses.
"Withholding of medically indicated treatment"
means the failure to respond to a child's life-threatening conditions by
providing treatment, including appropriate nutrition, hydration, and medication
which, in the treating physician's reasonable judgment, will most likely be
effective in ameliorating or correcting all such conditions. The term
does not include the failure to provide treatment, other than appropriate
nutrition, hydration, or medication to a child when, in the treating
physician's reasonable medical judgment:
a. the child is chronically and irreversibly comatose;
b. the provision of such treatment would merely prolong dying, not be
effective in ameliorating or correcting all of the child's life-threatening
conditions, or otherwise be futile in terms of the survival of the child; or
c. the provision of such treatment would be virtually futile in terms of
the survival of the child and the treatment itself under such circumstances
would be inhumane.
L.1997, c.175, s.2; amended 1999, c.53, s.16; 2006,
c.47, s.58.
Title 2C
The New Jersey Code of Criminal Justice
2C:13-5. Criminal coercion
a. Offense defined. A person is guilty of
criminal coercion if, with purpose unlawfully to restrict another's freedom of
action to engage or refrain from engaging in conduct, he threatens to:
(1) Inflict bodily injury on anyone or commit any other offense;
(2) Accuse anyone of an offense;
(3) Expose any secret which would tend to subject any person to hatred,
contempt or ridicule, or to impair his credit or business repute;
(4) Take or withhold action as an official, or cause an official to
take or withhold action;
(5) Bring about or continue a strike, boycott or other collective
action, except that such a threat shall not be deemed coercive when the
restriction compelled is demanded in the course of negotiation for the benefit
of the group in whose interest the actor acts;
(6) Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
(7) Perform any other act which would not in itself substantially
benefit the actor but which is calculated to substantially harm another person
with respect to his health, safety, business, calling, career, financial
condition, reputation or personal relationships.
It is an affirmative defense to prosecution based on
paragraphs (2), (3), (4), (6) and (7) that the actor believed the accusation or
secret to be true or the proposed official action justified and that his
purpose was limited to compelling the other to behave in a way reasonably
related to the circumstances which were the subject of the accusation, exposure
or proposed official action, as by desisting from further misbehavior,
making good a wrong done, or refraining from taking any action or
responsibility for which the actor believes the other disqualified.
b. Grading. Criminal coercion is a
crime of the fourth degree unless the threat is to commit a crime more serious
than one of the fourth degree or the actor's purpose is criminal, in which
cases the offense is a crime of the third degree.
L.1978, c. 95, s. 2C:13-5, eff. Sept. 1, 1979.
2C:13-6 Luring,
enticing child by various means, attempts; crime of second degree; subsequent
offense, mandatory imprisonment.
1. Luring, enticing
child by various means, attempts; crime of second degree; subsequent offense,
mandatory imprisonment.
A person commits a crime of the second degree if he
attempts, via electronic or any other means, to lure or entice a child or one
who he reasonably believes to be a child into a motor vehicle, structure or
isolated area, or to meet or appear at any other place, with a purpose to
commit a criminal offense with or against the child.
"Child" as used in this act means a person less than 18 years
old.
"Electronic means" as used in this section includes, but is
not limited to, the Internet, which shall have the meaning set forth in
N.J.S.2C:24-4.
"Structure" as used in this act means any building, room,
ship, vessel or airplane and also means any place adapted for overnight
accommodation of persons, or for carrying on business therein, whether or not a
person is actually present.
Nothing herein shall be deemed to preclude, if the evidence so
warrants, an indictment and conviction for attempted kidnapping under the
provisions of N.J.S.2C:13-1.
A person convicted of a second or subsequent offense under this section
or a person convicted under this section who has previously been convicted of a
violation of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4
shall be sentenced to a term of imprisonment. Notwithstanding the
provisions of paragraph (2)of subsection a. of N.J.S.2C:43-6, the term of
imprisonment shall include, unless the person is sentenced pursuant to the
provisions of N.J.S.2C:43-7, a mandatory minimum term of one-third to one-half
of the sentence imposed, or three years, whichever is greater, during which time
the defendant shall not be eligible for parole. If the person is sentenced
pursuant to N.J.S.2C:43-7, the court shall impose a minimum term of one-third
to one-half of the sentence imposed, or five years, whichever is greater.
The court may not suspend or make any other non-custodial disposition of any
person sentenced as a second or subsequent offender pursuant to this section.
For the purposes of this section, an offense is considered a second or
subsequent offense or a previous conviction of
N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or N.J.S.2C:24-4, as the
case may be, if the actor has at any time been convicted pursuant to this
section, or under any similar statute of the United States, this State or any
other state for an offense that is substantially equivalent to this section or
substantially equivalent to N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3 or
N.J.S.2C:24-4
L.1993,c.291,s.1; amended 1994, c.91; 1999, c.277; 2001, c.233; 2003, c.229.
2C:13-7
Luring, enticing an adult, certain circumstances, third degree crime.
1. A person commits a crime of the third degree if he attempts, via
electronic or any other means, to lure or entice a person into a motor vehicle,
structure or isolated area, or to meet or appear at any place, with a purpose
to commit a criminal offense with or against the person lured or enticed or
against any other person.
"Electronic means" as used in this section
includes, but is not limited to, the Internet. "Internet" means
the international computer network of both federal and non-federal
interoperable packet switched data networks. "Structure" shall have
the meaning set forth in P.L.1993, c.291 (C.2C:13-6).
Nothing herein shall be deemed to preclude, if the evidence so
warrants, an indictment and conviction for attempted kidnapping under the
provisions of N.J.S.2C:13-1 or for any other crime or offense.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other law, a
conviction under this section shall not merge with a conviction of any other criminal
offense, nor shall such other conviction merge with a conviction under this
section, and the court shall impose separate sentences upon each violation
of this section and any other criminal offense. The court may not
suspend or make any other non-custodial disposition of any person sentenced
pursuant to this section.
L.2005,c.1.
2C:14-1. Definitions. The following definitions apply to this chapter:
a. "Actor" means a person accused of an offense
proscribed under this act;
b. "Victim" means a person alleging to have been
subjected to offenses proscribed by this act;
c. "Sexual penetration" means vaginal
intercourse, cunnilingus, fellatio or anal intercourse between persons or
insertion of the hand, finger or object into the anus or vagina either by the
actor or upon the actor's instruction. The depth of insertion shall not
be relevant as to the question of commission of the crime;
d. "Sexual contact" means an
intentional touching by the victim or actor, either directly or through
clothing, of the victim's or actor's intimate parts for the purpose of
degrading or humiliating the victim or sexually arousing or sexually gratifying
the actor. Sexual contact of the actor with himself must be in view of the
victim whom the actor knows to be present;
e. "Intimate parts" means the following body
parts: sexual organs, genital area, anal area, inner thigh, groin,
buttock or breast of a person;
f. "Severe personal injury" means severe bodily
injury, disfigurement, disease, incapacitating mental anguish or chronic pain;
g. "Physically helpless" means that condition in
which a person is unconscious or is physically unable to flee or is physically
unable to communicate unwillingness to act;
h. "Mentally defective" means that condition in
which a person suffers from a mental disease or defect which renders that
person temporarily or permanently incapable of understanding the nature of his
conduct, including, but not limited to, being incapable of providing consent;
i. "Mentally incapacitated" means that condition
in which a person is rendered temporarily incapable of understanding or
controlling his conduct due to the influence of a narcotic, anesthetic,
intoxicant, or other substance administered to that person without his prior
knowledge or consent, or due to any other act committed upon that person which
rendered that person incapable of appraising or controlling his conduct;
j. "Coercion" as used in this chapter shall refer
to those acts which are defined as criminal coercion in section 2C:13-5(1),
(2), (3), (4), (6) and (7).
L.1978, c.95; amended 1983, c.249, s.1; 1989,c.228,s.2.
2C:14-2 Sexual assault.
a. An actor is guilty of aggravated sexual assault if he commits
an act of sexual penetration with another person under any one of the following
circumstances:
(1) The victim is less than 13 years old;
(2) The victim is at least 13 but less than 16 years old; and
(a) The actor is related to the victim by blood or affinity to the
third degree, or
(b) The actor has supervisory or disciplinary power over the victim by
virtue of the actor's legal, professional, or occupational status, or
(c) The actor is a resource family parent, a guardian, or stands in
loco parentis within the household;
(3) The act is committed during the commission, or attempted
commission, whether alone or with one or more other persons, of robbery,
kidnapping, homicide, aggravated assault on another, burglary, arson or
criminal escape;
(4) The actor is armed with a weapon or any object fashioned in such a
manner as to lead the victim to reasonably believe it to be a weapon and
threatens by word or gesture to use the weapon or object;
(5) The actor is aided or abetted by one or more other persons and
the actor uses physical force or coercion;
(6) The actor uses physical force or coercion and severe personal
injury is sustained by the victim;
(7) The victim is one whom the actor knew or should have known was
physically helpless, mentally defective or mentally incapacitated.
Aggravated sexual assault is a crime of the first degree.
b. An actor is guilty of sexual assault if he commits an act of sexual
contact with a victim who is less than 13 years old and the actor is at least
four years older than the victim.
c. An actor is guilty of sexual assault if he commits an act of sexual
penetration with another person under any one of the following circumstances:
(1) The actor uses physical force or coercion, but the victim does not
sustain severe personal injury;
(2) The victim is on probation or parole, or is detained in a hospital,
prison or other institution and the actor has supervisory or disciplinary power
over the victim by virtue of the actor's legal, professional or occupational
status;
(3) The victim is at least 16 but less than 18 years old and:
(a) The actor is related to the victim by blood or affinity to the
third degree; or
(b) The actor has supervisory or disciplinary power of any nature or in
any capacity over the victim; or
(c) The actor is a resource family parent, a guardian, or stands in
loco parentis within the household;
(4) The victim is at least 13 but less than 16 years old and the actor
is at least four years older than the victim.
Sexual assault is a crime of the second degree.
L.1978, c.95; amended 1979, c.178, s.26; 1983, c.249, s.2; 1989, c.228,
s.3; 1997, c.194, s.1; 2001, c.60; 2004, c.130, s.13.
a. An actor is guilty of aggravated criminal sexual contact if he
commits an act of sexual contact with the victim under any of the circumstances
set forth in 2C:14-2a. (2) through(7).
Aggravated criminal sexual contact is a crime of the third degree.
b. An actor is guilty of criminal sexual contact if he commits an
act of sexual contact with the victim under any of the circumstances set forth
in section 2C:14-2c. (1) through(4).
Criminal sexual contact is a crime of the fourth degree.
L.1978, c.95; amended 1979, c.178, s.27; 1997, c.194, s.2.
2C:14-4.
Lewdness
a. A person commits a disorderly persons offense if he does
any flagrantly lewd and offensive act which he knows or reasonably expects is
likely to be observed by other nonconsenting persons who would be affronted or
alarmed.
b. A person commits a crime of the fourth degree if:
(1) He exposes his intimate parts for the purpose of arousing or
gratifying the sexual desire of the actor or of any other person under
circumstances where the actor knows or reasonably expects he is likely to be
observed by a child who is less than 13 years of age where the actor is at
least four years older than the child.
(2) He exposes his intimate parts for the purpose of arousing or
gratifying the sexual desire of the actor or of any other person under
circumstances where the actor knows or reasonably expects he is likely to be
observed by a person who because of mental disease or defect is unable to
understand the sexual nature of the actor's conduct.
c. As used in this section:
"lewd acts" shall include the exposing of the genitals for
the purpose of arousing or gratifying the sexual desire of the actor or of any
other person.
L.1978, c.95; amended 1992,c.8,s.1.
a. The prosecutor shall not be required to offer proof that the
victim resisted, or resisted to the utmost, or reasonably resisted the sexual
assault in any offense proscribed by this chapter.
b. No actor shall be presumed to be incapable of
committing a crime under this chapter because of age or impotency or marriage
to the victim.
c. It shall be no defense to a prosecution for a crime under this
chapter that the actor believed the victim to be above the age stated for the
offense, even if such a mistaken belief was reasonable.
L.1978, c. 95, s. 2C:14-5, eff. Sept. 1, 1979.
2C:14-6. Sentencing
If a person is convicted of a second or subsequent
offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those
sections for the second or subsequent offense shall, unless the person is
sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum
sentence of not less than 5 years during which the defendant shall not be
eligible for parole. The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or subsequent
offender pursuant to this section. For the purpose of this section
an offense is considered a second or subsequent offense, if the actor has at
any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any
similar statute of the United States, this state, or any other state for
an offense that is substantially equivalent to sections 2C:14-2 or
2C:14-3a.
2C:24-4 Endangering welfare of children.
a. Any person having a legal duty for the care of a
child or who has assumed responsibility for the care of a child who engages in
sexual conduct which would impair or debauch the morals of the child, or who
causes the child harm that would make the child an abused or neglected child as
defined in R.S.9:6-1, R.S.9:6-3 and P.L.1974, c.119, s.1 (C.9:6-8.21) is guilty
of a crime of the second degree. Any other person who engages in conduct or who
causes harm as described in this subsection to a child under the age of 16 is
guilty of a crime of the third degree.
b. (1) As used in this subsection:
"Child" means any person under 16 years of age.
"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.
"Prohibited sexual act" means
(a) Sexual intercourse; or
(b) Anal intercourse; or
(c) Masturbation; or
(d) Bestiality; or
(e) Sadism; or
(f) Masochism; or
(g) Fellatio; or
(h) Cunnilingus;
(i) Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or
(j) Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1.
"Reproduction" means, but is not limited to, computer generated images.
(2) (Deleted by amendment, P.L.2001, c.291).
(3) A person commits a crime of the second degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. If the person is a parent, guardian or other person legally charged with the care or custody of the child, the person shall be guilty of a crime of the first degree.
(4) Any person who photographs or films a child in a prohibited sexual act or in the simulation of such an act or who uses any device, including a computer, to reproduce or reconstruct the image of a child in a prohibited sexual act or in the simulation of such an act is guilty of a crime of the second degree.
(5) (a) Any person who knowingly receives for the purpose of selling or who knowingly sells, procures, manufactures, gives, provides, lends, trades, mails, delivers, transfers, publishes, distributes, circulates, disseminates, presents, exhibits, advertises, offers or agrees to offer, through any means, including the Internet, any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in prohibited sexual act or in the simulation of such an act, is guilty of a crime of the second degree.
(b) Any person who knowingly possesses or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of crime of the fourth degree.
(6) For purposes of this subsection, a person who is depicted as or presents the appearance of being under the age of 16 in any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction shall be rebuttably presumed to be under the age of 16. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 16, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 16, nor shall it be a defense that the actor believed that the child was 16 years of age or older, even if such a mistaken belief was reasonable.
L.1978,
c.95; amended 1979, c.178, s.46; 1983, c.494; 1992, c.2; 1992, c.6; 1995,
c.109; 1998, c.126; 2001, c.291.
2C:1-4. Classes of offenses
a. An offense defined by this code or by any other
statute of this State, for which a sentence of imprisonment in excess of 6
months is authorized, constitutes a crime within the meaning of the
Constitution of this State. Crimes are designated in this code as being of the
first, second, third or fourth degree.
b.An offense is a disorderly persons offense if
it is so designated in this code or in a statute other than this code. An
offense is a petty disorderly persons offense if it is so designated in this
code or in a statute other than this code. Disorderly persons offenses
and petty disorderly persons offenses are petty offenses and are not
crimes within the meaning of the Constitution of this State. There
shall be no right to indictment by a grand jury nor any right to trial by jury
on such offenses. Conviction of such offenses shall not give rise to any
disability or legal disadvantage based on conviction of a crime.
c. An offense defined by any statute of this State
other than this code shall be classified as provided in this section or in
section 2C:43-1 and, except as provided in section 2C:1-5b and chapter 43, the
sentence that may be imposed upon conviction thereof shall hereafter be
governed by this code. Insofar as any provision outside the code declares an
offense to be a misdemeanor when such offense specifically provides a maximum
penalty of 6 months' imprisonment or less, whether or not in combination with a
fine, such provision shall constitute a disorderly persons offense.
d. Subject to the provisions of section 2C:43-1,
reference in any statute, rule, or regulation outside the code to the
term "high misdemeanor" shall mean crimes of the first,
second, or third degree and reference to the term
"misdemeanor" shall mean all crimes.
L.1978,
c. 95, s. 2C:1-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 3,
eff. Sept. 1, 1979; L.1981, c. 290, s. 1, eff. Sept. 24, 1981.
2C:1-6 Time limitations.
a. A prosecution for any offense set forth in
N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of
P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any
time.
b. Except as otherwise provided in this section,
prosecutions for other offenses are subject to the following periods of
limitations:
(1) A prosecution for a crime must be commenced within five years after
it is committed;
(2) A prosecution for a disorderly persons offense or
petty disorderly persons offense must be commenced within one year after it is
committed;
(3) A prosecution for any offense set forth in N.J.S.2C:27-2,
N.J.S.2C:27-4, N.J.S.2C:27-6,
N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2,
N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be
commenced within seven years after the commission of the offense;
(4) A prosecution for an offense set forth in
N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is
below the age of 18 years, must be commenced within five years of the victim's
attaining the age of 18 or within two years of the discovery of the offense by
the victim, whichever is later;
(5) A prosecution for any offense set forth in paragraph (2) of subsection a. of N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) must be commenced within 10 years after the date of discovery of the offense by a local law enforcement agency, a county prosecutor, or the Department of Environmental Protection either directly by any of those entities or indirectly by notice given to any of those entities.
c. An offense is committed either when every element
occurs or, if a legislative purpose to prohibit a continuing course of conduct
plainly appears, at the time when the course of conduct or the defendant's
complicity therein is terminated. Time starts to run on the day after the
offense is committed, except that when the prosecution is supported by physical
evidence that identifies the actor by means of DNA testing or fingerprint
analysis, time does not start to run until the State is in possession of both
the physical evidence and the DNA or fingerprint evidence necessary to
establish the identification of the actor by means of comparison to the
physical evidence.
d. A prosecution is commenced for a crime when an indictment is found
and for a nonindictable offense when a warrant or other process is issued,
provided that such warrant or process is executed without unreasonable delay.
Nothing contained in this section, however, shall be deemed to prohibit the
downgrading of an offense at any time if the prosecution of the greater offense
was commenced within the statute of limitations applicable to the greater
offense.
e. The period of limitation does not run during any time when a
prosecution against the accused for the same conduct is pending in this State.
f. The limitations in this section shall not apply to any person fleeing from justice.
g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.
L.1978, c.95; amended 1979, c.178, s.5; 1980, c.105, s.1; 1986, c.166; 1988, c.68; 1989, c.228, s.1; 1994, c.53; 1996, c.22; 1997, c.325, s.1; 2001, c.308; 2002, c.26, s.7.
My email address true_perspective@yahoo.com
Revised 10/06