Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless: (a) the Code or the law defining the offense deal with the specific situation involved; or (b) a legislative purpose to exclude the justification claimed otherwise plainly appears. SOURCE: *M.P.C. § 3.10; N.J. § 2C:3-10. CROSS-REFERENCES: See Section 7.80 of this Code. COMMENT: Section 7.98 is addressed only to the taking, damage or destruction of property and any justification which might exist with respect thereto. This Section adopts the view that in this area the Penal law must accept, on the whole, and build upon the privileges recognized in the law of torts and property, except in those rare situations where a Penal Law departure from the Civil law is made clear.
COL 2026-04-23
ARTICLE 5 CASTLE DOCTRINE ACT
SOURCE: Entire article added by P.L. 32-111 (Feb. 10, 2014) as §§ 37.70-37.73 of Title 9 GCA. Recodified by the Compiler pursuant to the authority granted by 1 GCA § 1606.