Monday, June 24, 2013

2C:33-2 . Disorderly conduct

2C:33-2 .  Disorderly conduct
      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.

2C:33-2.1. "Public place" defined; loitering to obtain or distribute CDS is a disorderly persons offense

2C:33-2.1.     "Public place" defined; loitering to obtain or distribute CDS is a disorderly persons offense     1.  a.  As used in this section:

  "Public place" means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area.

  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.  

Thursday, June 13, 2013

2C:43-11 Program of intensive supervision, eligibility

2C:43-11  Program of intensive supervision, eligibility.
 
2. a. No custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey if the inmate:

(1)Is serving a sentence for a conviction of any crime of the first degree; or

(2)Is serving a sentence for a conviction of any offense in which the sentencing court found that there is a substantial likelihood that the defendant is involved in organized criminal activity pursuant to N.J.S.2C:44-1a.(5); or

(3)Is serving any statutorily mandated parole ineligibility, or any parole ineligibility imposed by the court pursuant to subsection b. of N.J.S.2C:43-6 or section 6 of P.L.2007, c.49 (C.2C:43-6.5); or

(4)(Deleted by amendment, P.L.2008, c.30)

(5)Has previously been convicted of a crime of the first degree, or of any offense in any other jurisdiction which, if committed in New Jersey, would constitute a crime of the first degree and the inmate was released from incarceration on the first degree offense within five years of the commission of the offense for which the inmate is applying for intensive supervision.

Nothing in this subsection shall be construed to preclude the program of intensive supervision from imposing more restrictive standards for admission.

b.Unless the inmate is within nine months of parole eligibility and has served at least six months of the sentence, no custodial sentence of an inmate serving a sentence for conviction of any crime of the second degree shall be changed to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey, if, within 20 days of receipt of notice of the inmate's application, the county prosecutor or Attorney General objects in writing.

c.If an inmate's application for a change of custodial sentence to permit entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey is granted over the objection of the county prosecutor or the Attorney General, the order shall not become final for 20 days or until reconsideration by the Intensive Supervision Resentencing Panel in order to permit the county prosecutor or the Attorney General to appear personally or in writing, with notice to defense counsel, to request reconsideration of the application approval.

d.A victim of the offense for which the inmate was sentenced shall have the right to make a written statement or to appear at a proceeding regarding the application for a change of custodial sentence imposed pursuant to Chapter 43, 44 or 45 of Title 2C for entry into any program of intensive supervision established pursuant to the Rules Governing the Courts of the State of New Jersey.

Sunday, June 2, 2013

Knowingly 2C:2-2 b 2 Knowingly

2C:2-2.  General requirements of culpability      a.  Minimum requirements of culpability.    Except as provided in subsection c.(3) of this section, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

      b.  Kinds of culpability defined.

     (1)   Purposely.    A person acts purposely with respect to the nature of his conduct or a result thereof if it is his conscious object to engage in conduct of that nature or to cause such a result.  A person acts purposely with  respect to attendant circumstances if he is aware of the existence of such  circumstances or he believes or hopes that they exist. "With purpose," "designed,"   "with design"  or equivalent terms have the same meaning.

    (2)   
Knowingly.    A person acts knowingly with respect to the nature of his conduct or the attendant circumstances if he is aware that his conduct is of that nature, or that such circumstances exist, or he is aware of a high probability of their existence.  A person acts knowingly with respect to a result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. "Knowing,"   "with knowledge"  or equivalent terms have the same meaning.

    (3)   Recklessly.    A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.  The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation. "Recklessness," "with recklessness"  or equivalent terms have the same meaning.

    (4)   Negligently.    A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.  The risk must be of such a nature and degree that the actor's failure  to perceive it, considering the nature and purpose of his conduct and the  circumstances known to him, involves a gross deviation from the standard of  care that a reasonable person would observe in the actor's situation. "Negligently"  or  "negligence"  when used in this code, shall refer to the standard set forth in this section and not to the standards applied in civil cases.

      c.  Construction of statutes with respect to culpability requirements.

     (1) Prescribed culpability requirement applies to all material elements. When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.

    (2) Substitutes for kinds of culpability.  When the law provides that a particular kind of culpability suffices to establish an element of an offense such element is also established if a person acts with higher kind of culpability.

    (3) Construction of statutes not stating culpability requirement. Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state.  A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, should be construed as defining a crime with the culpability defined in paragraph b.(2) of this section.  This provision applies to offenses defined both within and outside of this code.

      d.  Culpability as to illegality of conduct.    Neither knowledge nor recklessness nor negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of  an offense is an element of such offense, unless the definition of the offense  or the code so provides.

      e.  Culpability as determinant of grade of offense.    When the grade or degree of an offense depends on whether the offense is committed purposely, 
knowingly, recklessly or criminally negligently, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense