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New Jersey Statutes, Title 2C

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Title 2C, Title 2C: THE NEW JERSEY CODE OF CRIMINAL JUSTICE

54 chapters · 919 sections in this title.

All chapters in Title 2C919 Ch 21, Chapter 2185 Ch 43, Chapter 4374 Ch 35, Chapter 3572 Ch 58, Chapter 5861 Ch 20, Chapter 2049 Ch 52, Chapter 5244 Ch 33, Chapter 3343 Ch 25, Chapter 2537 Ch 40, Chapter 4030 Ch 39, Chapter 3928 Ch 7, Chapter 723 Ch 14, Chapter 1423 Ch 12, Chapter 1217 Ch 35B, Chapter 35B17

919 sections·Filtered byTitle 2C✕

N.J.S.A. 2C:35-5.3 Manufacturing, etc. flunitrazepam; penalties
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2C:35-5.3 Manufacturing, etc. flunitrazepam; penalties 5. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it is unlawful for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufactur…
N.J.S.A. 2C:35-5.3a Criminalization, degree of crime.
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2C:35-5.3a Criminalization, degree of crime. 2. a. It is a crime for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute, or dispense substances containing: 4-methylmethcathinone …
N.J.S.A. 2C:35-5.3b Crimes relative to synthetic cannabinoid; degree.
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2C:35-5.3b Crimes relative to synthetic cannabinoid; degree. 2. a. It is a crime for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute, or dispense a synthetic cannabinoid. b. A…
N.J.S.A. 2C:35-5.3c Obtaining, possessing synthetic cannabinoid; degree of crime.
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2C:35-5.3c Obtaining, possessing synthetic cannabinoid; degree of crime. 3. a. It is a crime for any person, knowingly or purposely, to obtain or possess a synthetic cannabinoid, as that term is defined in subsection d. of section 2 of P.L.2013, c.35 (C.2C:35-5.3b). b. A person w…

N.J.S.A. 2C:35-5.4 Short title.

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2C:35-5.4 Short title. 1. This act shall be known and may be cited as the "Drug Offender Restraining Order Act of 1999." L.1999,c.334,s.1.

N.J.S.A. 2C:35-5.5 Findings, declarations relative to removal, restraint of certain drug offenders.

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2C:35-5.5 Findings, declarations relative to removal, restraint of certain drug offenders. 2. The Legislature hereby finds and declares to be the public policy of this State, the following: a. By the enactment of the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et seq.,…

N.J.S.A. 2C:35-5.6 Definitions relative to removal, restraint of certain offenders

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2C:35-5.6. Definitions relative to removal, restraint of certain offenders 3. Definitions. As used in this act: a. "Person" means any person charged with or convicted of a criminal offense or any juvenile charged with delinquency or adjudicated delinquent for an act which, if com…

N.J.S.A. 2C:35-5.7 Issuance of order by court.

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2C:35-5.7 Issuance of order by court. 4. a. When a person is charged with a criminal offense on a warrant and the person is released from custody before trial on bail or personal recognizance, the court, upon application of a law enforcement officer or prosecuting attorney pursua…

N.J.S.A. 2C:35-5.8 Violations, penalties.

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2C:35-5.8 Violations, penalties. 5. Violation of any order issued pursuant to this act shall subject the person to civil contempt, criminal contempt, revocation of bail, probation or parole, or any combination of these sanctions and any other sanctions authorized by law. A law en…

N.J.S.A. 2C:35-5.9 Certification of offense location.

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2C:35-5.9 Certification of offense location. 3. Certification of Offense Location. The court shall issue a restraining order pursuant to P.L.1999, c.334 (C.2C:35-5.4 et seq.) only upon request by a law enforcement officer or prosecuting attorney and either: (1) submission of a ce…

N.J.S.A. 2C:35-6 Employing a juvenile in a drug distribution scheme

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2C:35-6 Employing a juvenile in a drug distribution scheme 2C:35-6. Employing a Juvenile in a Drug Distribution Scheme. Any person being at least 18 years of age who knowingly uses, solicits, directs, hires or employs a person 17 years of age or younger to violate N.J.S.2C:35-4 o…

N.J.S.A. 2C:35-7 Distribution on or within 1,000 feet of school property.

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2C:35-7 Distribution on or within 1,000 feet of school property. 1. a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school pr…

N.J.S.A. 2C:35-7.1 Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined

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2C:35-7.1. Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined 1. a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance anal…

N.J.S.A. 2C:35-7a Review of sentence by court.

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2C:35-7a Review of sentence by court. 2. Notwithstanding any court rule limiting the time period within which a motion to reduce or change a sentence may be filed, any person who, on the effective date of this act, is serving a mandatory minimum sentence as provided by section 1 …

N.J.S.A. 2C:35-8 Distribution to persons under age 18; enhanced punishment

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2C:35-8. Distribution to persons under age 18; enhanced punishment 2C:35-8. Distribution to Persons Under Age 18; Enhanced Punishment. Upon the application of the prosecuting attorney, any person being at least 18 years of age who has been convicted for violating subsection a. of…

N.J.S.A. 2C:35-9 Strict Liability for Drug-Induced Deaths

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2C:35-9. Strict Liability for Drug-Induced Deaths a. Any person who manufactures, distributes or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in Schedules I or II, or any controlled substance analog th…

N.J.S.A. 2C:35A-1 Short Title.

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2C:35A-1. Short Title. 2C:35A-1. Short Title. This act shall be known and may be cited as the "Anti-Drug Profiteering Act." L.1997,c.187,s.2.

N.J.S.A. 2C:35A-2 Declaration of Policy and Legislative Findings.

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2C:35A-2. Declaration of Policy and Legislative Findings. 2C:35A-2. Declaration of policy and legislative findings. The Legislature hereby finds and declares the following: a. Persons who engage in drug trafficking activities for profit are a form of professional criminal, and de…

N.J.S.A. 2C:35A-3 Criteria for imposition of anti-drug profiteering penality

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2C:35A-3. Criteria for imposition of anti-drug profiteering penality 2C:35A-3. Criteria for imposition of anti-drug profiteering penalty. a. In addition to any other disposition authorized by this title, including but not limited to any fines which may be imposed pursuant to the …

N.J.S.A. 2C:35A-4 Calculation of anti-drug profiteering penalty

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2C:35A-4. Calculation of anti-drug profiteering penalty 2C:35A-4. Calculation of anti-drug profiteering penalty. a. Where the prosecutor has established one or more grounds for imposing an Anti-Drug Profiteering Penalty pursuant to section 3 of this chapter, the court shall asses…

N.J.S.A. 2C:35A-5 Revocation or Reduction of Penalty Assessment.

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2C:35A-5. Revocation or Reduction of Penalty Assessment. 2C:35-A-5. Revocation or reduction of penalty assessment. The court shall not revoke or reduce a penalty imposed pursuant to this chapter except in accordance with the provisions of N.J.S.2C:35-12. An anti-drug profiteering…

N.J.S.A. 2C:35A-6 Payment Schedule.

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2C:35A-6. Payment Schedule. 2C:35A-6. Payment schedule. The court may, for good cause shown, and subject to the provisions of this section, grant permission for the payment of a penalty assessed pursuant to this chapter to be made within a specified period of time or in specified…

N.J.S.A. 2C:35A-7 Relation to Other Dispositions.

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2C:35A-7. Relation to Other Dispositions. 2C:35A-7. Relation to other dispositions. a. An anti-drug profiteering penalty assessed pursuant to this chapter shall be imposed and paid in addition to any penalty required to be imposed pursuant to N.J.S.2C:35-15 and N.J.S.2C:43-3.1, a…

N.J.S.A. 2C:35A-8 Collection and Distribution.

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2C:35A-8. Collection and Distribution. 2C:35A-8. Collection and distribution. All penalties assessed pursuant to this chapter shall be docketed and collected as provided for collection of fines, penalties and restitution in chapter 46 of this Title. The Attorney General or prosec…

N.J.S.A. 2C:35B-1 Short title

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2C:35B-1. Short title 1. This act shall be known and may be cited as the "Drug Dealer Liability Act." L.2001, c.114, s.1.

N.J.S.A. 2C:35B-10 Comparative responsibility governing action

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2C:35B-10. Comparative responsibility governing action 10. a. An action by an individual user of a controlled dangerous substance is governed by the principles of comparative responsibility. Comparative responsibility attributed to an individual user does not bar the user's recov…

N.J.S.A. 2C:35B-11 Right of action for contribution

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2C:35B-11. Right of action for contribution 11. A person subject to liability under this act has a right of action for contribution against another person subject to liability under this act. Contribution may be enforced either in the original action or by a separate action broug…

N.J.S.A. 2C:35B-12 Proof of liability; prima facie evidence

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2C:35B-12. Proof of liability; prima facie evidence 12. a. Proof of liability in an action brought under this act shall be shown by clear and convincing evidence. b. A person against whom recovery is sought who has been convicted of a violation of N.J.S.2C:35-5, Manufacturing, Di…

N.J.S.A. 2C:35B-13 Ex parte prejudgment attachment order

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2C:35B-13. Ex parte prejudgment attachment order 13. A plaintiff under this act may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. Any claim of the State authorized pursuant to chapter 35A…

N.J.S.A. 2C:35B-14 Cause of action, accrual; statute of limitations on claim

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2C:35B-14. Cause of action, accrual; statute of limitations on claim 14. a. A cause of action accrues under this act when a person has reason to know of the harm from use of a controlled dangerous substance that is the basis for the cause of action and has reason to know that the…

N.J.S.A. 2C:35B-15 Stay of action pending criminal action

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2C:35B-15. Stay of action pending criminal action 15. On motion by a governmental agency involved in an investigation or prosecution involving a controlled dangerous substance, an action brought under this act shall be stayed until the completion of any underlying criminal invest…

N.J.S.A. 2C:35B-16 Satisfaction of judgment after other fines, penalties, etc.

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2C:35B-16. Satisfaction of judgment after other fines, penalties, etc. 16. Any judgment resulting from a cause of action brought pursuant to this act shall be satisfied only after the satisfaction of any assessment, fine, fee, penalty or restitution imposed by law and enumerated …

N.J.S.A. 2C:35B-17 Nonapplicability of act

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2C:35B-17. Nonapplicability of act 17. No cause of action shall arise based on any act by a defendant which occurred prior to the effective date of this act. L.2001, c.114, s.17.

N.J.S.A. 2C:35B-2 Findings, declarations regarding civil actions against drug dealers

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2C:35B-2. Findings, declarations regarding civil actions against drug dealers 2. The Legislature finds and declares: a. Although the criminal justice system is an important weapon in the battle against controlled dangerous substances, the civil justice system can and must also be…

N.J.S.A. 2C:35B-3 Definitions regarding civil actions against drug dealers

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2C:35B-3. Definitions regarding civil actions against drug dealers 3. As used in this act: a. "Marketing of controlled dangerous substances" means the illegal distributing, dispensing, or possessing with intent to distribute, a specified controlled dangerous substance. b. "Indivi…

N.J.S.A. 2C:35B-4 Liability of illegal marketer of controlled dangerous substances

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2C:35B-4. Liability of illegal marketer of controlled dangerous substances 4. A person who knowingly participates in the illegal marketing of controlled dangerous substances within this State is liable for damages, as provided in this act, for injury resulting from an individual'…

N.J.S.A. 2C:35B-5 Action for damages; plaintiffs, offenses

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2C:35B-5. Action for damages; plaintiffs, offenses 5. a. Any of the following persons may bring an action for damages caused by an individual's illegal use of a controlled dangerous substance: (1) A parent, legal guardian, child, spouse, or sibling of the controlled dangerous sub…

N.J.S.A. 2C:35B-6 Controlled dangerous substance individual user; conditions to bring an action

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2C:35B-6. Controlled dangerous substance individual user; conditions to bring an action 6. a. An individual user of a controlled dangerous substance may bring an action for damages caused by the use of a controlled dangerous substance only if all of the following conditions are m…

N.J.S.A. 2C:35B-7 No third party damage payments; assignment of cause of action restricted

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2C:35B-7. No third party damage payments; assignment of cause of action restricted 7. a. A third party shall not pay damages awarded under this act, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification. b. A cause o…

N.J.S.A. 2C:35B-8 Damage table

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2C:35B-8. Damage table 8. A person whose participation in the marketing of controlled dangerous substances is grounds for liability pursuant to this act shall be rebuttably presumed to be liable for damages incurred by the plaintiff in the following percentages: a. For a level 1 …

N.J.S.A. 2C:35B-9 Joint actions

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2C:35B-9. Joint actions 9. a. Two or more persons may join in one action under this act as plaintiffs if their respective actions have at least one market for controlled dangerous substances in common and if any portion of the period of use of a controlled dangerous substance ove…

N.J.S.A. 2C:36-1 Drug paraphernalia, defined; determination.

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2C:36-1 Drug paraphernalia, defined; determination. 2C:36-1. Drug paraphernalia, defined; determination. a. As used in this act: "Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, …

N.J.S.A. 2C:36-10 Definition of "defraud the administration of a drug test;" crime, grading

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2C:36-10. Definition of "defraud the administration of a drug test;" crime, grading 1. a. As used in this act, "defraud the administration of a drug test" means to submit a substance that purports to be from a person other than its actual source, or purports to have been excreted…

N.J.S.A. 2C:36-2 Use or possession with intent to use.

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2C:36-2 Use or possession with intent to use. 2C:36-2. a. Use or possession with intent to use. It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,…

N.J.S.A. 2C:36-3 Distribute, dispense or possess with intent to distribute or manufacture, crime of fourth degree.

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2C:36-3 Distribute, dispense or possess with intent to distribute or manufacture, crime of fourth degree. 2C:36-3. Distribute, dispense or possess with intent to distribute or manufacture, crime of fourth degree. It shall be unlawful for any person to distribute or dispense, or p…

N.J.S.A. 2C:36-4 Advertising to promote sale, crime of fourth degree

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2C:36-4. Advertising to promote sale, crime of fourth degree It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing that the purpose of the advertisement in whole or in part, is to promote the sale of obj…

N.J.S.A. 2C:36-5 Delivering drug paraphernalia to person under 18 years of age, crime of third degree

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2C:36-5. Delivering drug paraphernalia to person under 18 years of age, crime of third degree Any person 18 years of age or over who violates N.J.S. 2C:36-3 by delivering drug paraphernalia to a person under 18 years of age commits a crime of the third degree. L. 1987, c. 106, s.…

N.J.S.A. 2C:36-6.1 Discarding hypodermic needle or syringe.

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2C:36-6.1 Discarding hypodermic needle or syringe. 6. Discarding hypodermic needle or syringe. a. A person commits a petty disorderly persons offense if: (1) the person discards, in a place accessible to other persons, a hypodermic needle or syringe without destroying the hypoder…

N.J.S.A. 2C:36-6.2 Sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances.

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2C:36-6.2 Sale by licensed pharmacy of hypodermic syringe or needle under certain circumstances. 1. a. Notwithstanding any State law, rule, or regulation to the contrary, a licensed pharmacy may sell a hypodermic syringe or needle, or any other instrument adapted for the administ…

N.J.S.A. 2C:36-6.3 Affirmative defense to criminal action, construction of act.

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2C:36-6.3 Affirmative defense to criminal action, construction of act. 2. It is an affirmative defense to any criminal action arising under chapter 36 of Title 2C of the New Jersey Statutes for possession of a hypodermic syringe or needle that the item was obtained pursuant to th…