STATE OF NEW JERSEY NEW JERSEY LAW REVISION COMMISSION TENTATIVE REPORT. relating to

Transcription

1 STATE OF NEW JERSEY NEW JERSEY LAW REVISION COMMISSION TENTATIVE REPORT relating to Compilation of Criminal Law into the Criminal Code Correction of Statutes Defining Misdemeanors September 1993 This tentative report is distributed to advise interested persons of the Commission's tentative recommendations and to notify them of the opportunity to submit comments. The Commission will consider these comments before making its final recommendations to the Legislature. The Commission often substantially revises tentative recommendations as a result of the comments it receives. If you approve of the tentative report, please inform the Commission so that your approval can be considered along with other comments. S SHOULD BE RECEIVED BY THE COMMISSION NOT LATER THAN DECEMBER 1, Please send comments concerning this tentative report or direct any related inquiries, to: John M. Cannel, Esq., Executive Director NEW JERSEY LAW REVISION COMMISSION 15 Washington Street, Room 1302 Newark, New Jersey (Fax)

2 Introduction COMPILATION OF CRIMINAL LAW INTO THE CRIMINAL CODE Correction of statutes defining misdemeanors This report is a continuation of the effort begun by the Commission's Report on Compilation of the Criminal Law. This report examines statutes outside of the Criminal Code, Title 2A and Title 24 that define criminal offenses. In 1978, the Code of Criminal Justice was enacted as Title 2C of the New Jersey Statutes. Its purpose "was to create a consistent comprehensive system of criminal law." State v. Crawley, 90 N.J. 241, 250 (1982). The Code was intended by its drafters, the Criminal Law Revision Commission, to replace all of the substantive criminal law in Title 2A. New Jersey Penal Code, Vol I p 213. The attempt to create a single comprehensive codification of all criminal laws and a single uniform consistent system of sentencing was continued when the Comprehensive Drug Reform Act compiled drug offenses into the Criminal Code. However, while most of the criminal law is compiled in Title 2C, the Code of Criminal Justice, statutes defining various offenses remain scattered throughout other titles. This project examines the penal provisions that are outside Titles 2A, 2C and 24. Crimes that may be applicable to the public generally should be placed in the Criminal Code. That compilation enhances accessibility and fosters the consistent application of general principles of criminal law and sentencing. However, in many cases, statutes defining criminal offenses are properly compiled outside the Criminal Code. Offenses applicable only to persons engaged in a particular activity or profession are appropriately compiled with other law on the activity or profession. Offenses closely related to regulatory systems may be appropriately placed with other statutes on the same subject. One group of offenses -- offenses concerning elections and voting -- should be recompiled into the Criminal Code. Those offenses are the subject of a separate Commission Report. The first part of the report concerns statutory offenses recommended for deletion. These offenses prohibit conduct in specific terms conduct that is already prohibited by the more general provisions of the Criminal Code. As a result, these crimes have no real substantive effect. XXX problem with overlap XXX After each statute, there is a discussion of the Criminal Code provisions applicable to the conduct the statute defines as criminal. The first group of statutes can be repealed in their entirety; the second group of statutes need amendment to delete a criminal provision and preserve other previsions of continuing importance. Where an amendment is recommended, the amendment is shown. The second part of the report concerns offenses to be retained but amended. Many of the statutory offenses to be retained outside the Criminal Code require amendment. The majority of these statutes were enacted before the Criminal Code. As a result, they are phrased in pre-code language and define "misdemeanors" rather than crimes graded by degree. In each case, the amendment is shown. - 2

3 The recommendations contained in this report, if adopted, would complete the process of codification of New Jersey criminal law. - 3

4 1. Statutes to be repealed: 4: Use of common badge by nonmember; misdemeanor A person not a member of a duly organized or incorporated society for the prevention of cruelty to animals, who shall use the badge adopted by such society, which badge is made authority for making arrests, shall be guilty of a misdemeanor, and for every such offense, be fined not less than fifty nor more than one hundred dollars. Falsely acting as a representative of an organization to obtain a benefit or to injure another is a disorderly persons offense under 2C: In addition, since members of the society for the prevention of cruelty to animals are given arrest authority, impersonating one is impersonating a public servant, a disorderly persons offense under 2C: :5-71. Unlawful acts; penalty Any person who shall influence or have any understanding or connivance with any owner, driver, jockey, groom or other person associated with or interested in any stable, horse or race in which any horse participated or is to participate, or who shall prearrange or predetermine the results of any such race, any person who attempts to or does interfere with, tamper with, injure or destroy by the use of any narcotic, drug, stimulant, appliance, or by any other means any horse that is to run in a race in the State of New Jersey, whether such horse be the property of such person or another, shall be guilty of a misdemeanor. Any person who shall have the control over any horse that is to run in a race in the State of New Jersey and who allows or permits it to run with the knowledge of any interference with, any tampering with, any injury to by any narcotic, drug, stimulant, appliance or by any other means shall be guilty of a misdemeanor. Any person who causes, instigates, counsels, or in any way aids or abets in any interference with, tampering with, injury to or destruction of any horse that is to run in a race in New Jersey by the use of any narcotic, drug, stimulant, appliance or by any other means shall be guilty of a misdemeanor. The owners of any such horse, their agents or employees shall permit any member of the State Racing Commission or any person appointed by such commission for that purpose to make such test as the commission deems proper in order to determine whether any such horse has been so interfered with, tampered with, injured or destroyed by the use of any narcotic, drug, stimulant, appliance or by any other means. Any person who shall violate any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be imprisoned in the State Prison for not less than one year and not more than ten years, or shall be fined not less than one thousand dollars ($1,000.00), nor more than five thousand dollars ($5,000.00), or be punished by both such imprisonment and fine in the discretion of the court. This section criminalizes various activities intended to effect the outcome of horse races. All are now covered by 2C:21-11, Rigging Publicly Exhibited Contest. 5: State lottery ticket; false or fraudulent making, forgery, alteration or counterfeiting Any person who falsely or fraudulently makes, forges, alters or counterfeits, or causes or procures to be made, forged, altered or counterfeited, any New Jersey State Lottery ticket, or any part thereof, prepared and prescribed by the Director of the Division of the State Lottery or by the State Lottery Commission under the authority of the act to which this act is a supplement, or who knowingly and willfully utters, publishes, passes or tenders as true, any such forged, altered or counterfeited New Jersey State Lottery ticket shall be guilty of a misdemeanor. If any person with intent to defraud secures, - 4

5 manufactures or causes to be secured or manufactured, or has in his possession any counterfeit New Jersey State Lottery ticket or device, he shall be guilty of a misdemeanor. This section prohibits the forgery of lottery tickets. Forgery of lottery tickets and uttering forged lottery tickets is covered by 2C:21-1. In addition, that forgery would constitute proof of theft or attempted theft under 2C:20-2 and 2C: :1-49. Malicious interference with avigation facilities Any person who shall willfully and maliciously interfere or tamper with any airport, landing field, landing strip, heliport, helistop, or any other avigation facility, or the equipment thereof, shall be guilty of a misdemeanor. Interfering with airports would usually constitute the crime of Recklessly endangering another person under 2C:12-2. That conduct would also be criminal mischief under 2C: :6-3. Cruelty and neglect of children; fine or imprisonment; postponement and probation; commitment of child to society for prevention of cruelty to children; order for payment for support; failure to pay Any parent, guardian or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of such child, or any person who shall abuse, be cruel to or neglectful of any child shall be deemed to be guilty of a misdemeanor and, upon conviction thereof, shall be fined not exceeding five hundred dollars ($500.00) or by imprisonment with or without hard labor, as the court may direct, for a term not exceeding three years, or both. If a fine be imposed, the court may direct the same to be paid in whole or in part to the wife, or to the guardian, custodian or trustee of such minor child or children; provided, however, that whenever in the judgment of the court it shall appear to the best interest of the child to place it in the temporary care or custody of a society or corporation, organized or incorporated under the laws of this State, having as one of its objects the prevention of cruelty to children, and the society or corporation is willing to assume such custody and control, the court may postpone sentence and place the child in the custody of such society or corporation, and may place defendant on probation, either with the county probation officers or an officer of the society or corporation to which the child is ordered, and may order the parent, guardian or person having the custody and control of such child to pay to such society or corporation a certain stated sum for the maintenance of such child. When, however, a child is so placed in the custody of such society or corporation, and defendant fails to make the payments as ordered by the court, the court shall cause the arrest and arraignment before it of such defendant, and shall impose upon him the penalty provided in this section. Child abuse and neglect are made criminal by 2C:24-4(a) 18A: False affidavit Any person signing any affidavit pursuant to section 18A:14-52, which includes a false statement of fact, shall be guilty of a misdemeanor. Any false swearing is made criminal by 2C:

6 18A: Official ballots; fraudulent acts; penalty for violation If any printer employed to print official ballots, or any person engaged in printing the same, shall appropriate to himself or give or deliver or knowingly permit to be taken any of such ballots by any other person than a person duly authorized so to do, or shall print or cause to be printed any official ballot in any other form than that prescribed by the proper officer or officers, according to law, or with any other names thereon, or with the names spelled or the names or printing thereon arranged in any other way than that authorized and directed by this title, the person so offending shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $1, or imprisonment not exceeding five years. If any person not authorized by the proper officers shall print or make any official or sample ballot provided for in this title, or on or prior to election day shall willfully have in his possession an official ballot without being authorized by this title to have charge or possession thereof, the person so offending shall be guilty of a misdemeanor. If any person shall forge or falsely make any ballot or the official endorsement thereof, the person so offending shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than five years. This section prohibits theft of official ballots and forgery of official ballots. Theft is punishable under 2C:20-2, and forgery is punishable under 2C: A: Gifts to election officers; penalty Whosoever shall, directly or indirectly, make or give any money or other thing of value to any election officer because of his holding of such office, or when it shall appear that such money or other thing of value is made or given to such election officer because of his holding such office, except as hereinbefore provided as his legal compensation for service as such officer, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $1, or imprisonment not exceeding two years, or both. This section forbids bribery of election officials. Giving any benefit to a public official in exchange for any activity in regard to public duties is punishable under 2C: A: False swearing; penalty If a person shall be guilty of willful and corrupt false swearing or affirming, or by any means shall willfully and corruptly suborn or procure a person to swear or affirm falsely, in taking any oath, affirmation or deposition prescribed or authorized by this law, he shall be deemed guilty of a high misdemeanor, and shall be punished by a fine not exceeding $ or imprisonment at hard labor not exceeding seven years, or both, and be deemed to be an incompetent witness thereafter for any purpose within this state, until such time as he shall have been pardoned. Perjury is made criminal by 2C:28-1, and false swearing is made criminal by 2C:28-2. The disabilities resulting from conviction are controlled by 2C:51-1 which supersedes the provision in this section on incompetency as a witness. - 6

7 18A:18A-33. Penalties for false statements Any person who makes, or causes to be made, a false, deceptive or fraudulent statement in the questionnaire required to be submitted, or in the course of any hearing under this article shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine of not less than $ nor more than $1,000.00; or, in the case of an individual or the officer or employee charged with the duty of making such questionnaire for a person, firm, copartnership, association or corporation, to pay such fine or undergo imprisonment, not exceeding 6 months, or both. All such persons and any copartnership, association, corporation or joint stock company of which any such person is a partner or officer or director, and any corporation of which he owns more than 25% of the stock, shall for 5 years from the date of such conviction be disqualified from bidding on all public work in this State. The board of education shall cause the forfeiture as liquidated damages to the board of any certified check or certificate of deposit deposited as bid security by any person who makes or causes to be made any false, deceptive or fraudulent statement in the questionnaire or bid affidavit required to be submitted, or in the course of any hearing under this chapter. Any false swearing is made criminal by 2C:28-2; unsworn written statements made to public officials are made punishable by 2C: A: False statements to defraud, misdemeanors A person who knowingly makes a false statement, or falsifies or permits to be falsified any record of the retirement system, in an attempt to defraud the system as a result of such act shall be guilty of a misdemeanor. Any false swearing is made criminal by 2C: A: Obtaining scholarship or tuition assistance grant by knowingly furnishing false information Any person who obtains a scholarship or tuition assistance grant under any program administered by the Student Assistance Board by knowingly and willfully furnishing false information shall be guilty of a misdemeanor and upon conviction thereto be punished by a fine of not more than $1, or by imprisonment for not more than 3 years, or both. A statement to this effect shall be distributed with all application forms utilized for any program administered by the Student Assistance Board. Unsworn written statements made to public officials are made punishable by 2C:28-3. Obtaining a benefit through false statements is theft under 2C:20-4 and fraud under 2C: A: Falsely securing second loan a misdemeanor; penalty Any person who, having obtained a loan under this chapter, solicits, applies for, or accepts another such loan, except as specifically authorized in this chapter, and any person who knowingly and willfully furnishes any false or misleading information for the purpose of obtaining a loan, or of enabling another to obtain a loan, under this chapter, shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine of not more than $1, or by imprisonment for not more than three years, or both. - 7

8 Unsworn written statements made to public officials are made punishable by 2C:28-3. Obtaining a benefit through false statements is theft under 2C:20-4 and fraud under 2C: : Interference with sealing of ballot boxes; misdemeanor Any person preventing, hindering or interfering with the said superintendent or his chief deputy or assistants in sealing such ballot box or boxes shall be guilty of a misdemeanor, and shall be punished by imprisonment for a term not exceeding three years, or by the payment of a fine not exceeding one thousand dollars, or both. Obstruction of any governmental function is punishable under 2C: : Destroying, removing or defacing seals on ballot boxes; misdemeanor Any person who destroys, defaces or removes, or attempts to destroy, deface or remove, such a seal shall be guilty of a misdemeanor, and shall be punished by imprisonment for a term not exceeding three years, or by the payment of a fine not exceeding one thousand dollars, or both. Damaging the personal property of another is punishable under 2C:17-3; obstruction of any governmental function is punishable under 2C: : Interference with sealing ballot boxes; misdemeanor Any person preventing, hindering or interfering with the said superintendent or his chief deputy or assistants in sealing such ballot box or boxes shall be guilty of a misdemeanor, and shall be punished by imprisonment for a term not exceeding three years, or by the payment of a fine not exceeding one thousand dollars ($1,000.00), or both. Obstruction of any governmental function is punishable under 2C: : Destroying, removing or defacing seals on ballot boxes; misdemeanor Any person who destroys, defaces or removes, or attempts to destroy, deface or remove, such a seal shall be guilty of a misdemeanor, and shall be punished by imprisonment for a term not exceeding three years, or by the payment of a fine not exceeding one thousand dollars ($1,000.00), or both. Damaging the personal property of another is punishable under 2C:17-3; obstruction of any governmental function is punishable under 2C: :34-5. Interference with conduct of election No person shall, during an election, with intent to hinder or delay same, or to hinder or delay any voter in the preparation of his ballot, remove or destroy any of the ballots or pencils placed in the booths or compartments for the purpose of enabling the voter to prepare his ballot. - 8

9 Any person willfully violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished by fine not exceeding five hundred dollars and imprisonment until such fine and the costs of the conviction are paid. Obstruction of any governmental function is punishable under 2C: : Removal, destruction or mutilation of registry lists or voters' lists A person who shall remove, destroy or mutilate any registry list or copy thereof, or who before an election closes shall remove, destroy or mutilate any list of voters posted in accordance with this title, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than two years. Theft is punishable under 2C:20-2; damaging the personal property of another is punishable under 2C:17-3; obstruction of any governmental function is punishable under 2C: : Unlawfully taking ballot box or removing contents; destroying ballots; willfully suppressing records If a person shall rob or plunder any ballot box, or unlawfully and by stealth or violence take the same or remove therefrom any ballot or other paper, or exchange, alter or destroy any ballot or other paper contained therein, or if any person shall willfully and corruptly suppress, withhold, mutilate, destroy, alter or change any return, statement or certificate or any copy thereof, which shall have been made in pursuance of this title, and delivered to him to be filed, or which shall have been intrusted or delivered to him to be delivered or transmitted to any other person in pursuance of this title, every such person, his aiders, procurers and abettors, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment at hard labor for a term not exceeding two years, or both. This section shall not apply to the destruction of ballots or the performance of other acts by officials when such acts are performed as prescribed in this title. Theft is punishable under 2C:20-2; damaging the personal property of another is punishable under 2C:17-3; obstruction of any governmental function is punishable under 2C: : Interfering with return of ballot boxes A person who shall willfully obstruct or interfere with the clerk or clerks on the way from the polls to the office of the city clerk shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment at hard labor for a term not exceeding two years, or both. Obstruction of any governmental function is punishable under 2C:

10 19: Primary election officials acting before taking oath; willfully disregarding or violating rules If any judge, inspector, clerk or other officer of a primary election shall act in such capacity before taking and subscribing to the oath or affirmation required by this title, or shall willfully disregard or violate the provisions of any rule duly made by the party of which he is a member and for whom he is acting for the government of the primary elections of the party, or if any judge or inspector of any primary election shall knowingly reject the vote of any person entitled to vote under the rules of such party or shall knowingly receive the vote of any person not qualified, or if any judge, inspector, clerk or any other officer of a primary election shall commit any willful fraud in the discharge of his duties by destroying or marking any ballot in any way before such ballot is delivered to the voter or by defacing ballots, adding marks to the poll by false counting, making false returns or by any act or thing whatsoever, he shall be guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year, or both. The acts forbidden by this section would constitute official misconduct punishable under 2C:30-2 Some of the acts would constitute tampering with public records punishable under 2C:28-7 or obstruction of any governmental function is punishable under 2C: : Perjury; subornation of perjury If a person shall be guilty of willful and corrupt false swearing or affirming, or by any means shall willfully and corruptly suborn or procure a person to swear or affirm falsely, in taking any oath, affirmation or deposition prescribed or authorized by this title, he shall be deemed guilty of a high misdemeanor, and shall be punished by a fine not exceeding eight hundred dollars or imprisonment at hard labor not exceeding seven years, or both, and be deemed to be an incompetent witness thereafter for any purpose within this state, until such time as he shall have been pardoned. Any false swearing is made criminal by 2C:28-2. Causing another person to swear falsely is included in the offense; see 2C:2-6. The disabilities resulting from conviction are controlled by 2C:51-1 which supersedes the provision in this section on incompetency as a witness. 19: Violation by person or corporation; misdemeanor; forfeiture of charter Sections 19:34-27 to 19:34-30 of this title shall apply to corporations as well as individuals, and any person or corporation violating the provisions thereof shall be guilty of a misdemeanor, and any corporation violating such provisions shall forfeit its charter. Corporations as well as natural persons are governed by the criminal law generally. See 2C:1-14(g); 2C:2-7. The penalties applicable to corporations that violate the criminal law are provided by 2C: : Neglect of duties Every person charged with the performance of any duty under the provisions of any law of this state relating to elections who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, shall be guilty of a misdemeanor. - 10

11 Misconduct in office is made punishable by 2C: : Abetting violations of title Any candidate who procures, aids, assists, counsels, advises or knowingly permits any person to violate this title shall be guilty of a misdemeanor. Causing another person to commit a criminal offense is considered commission of the offense; see 2C: : False statements under oath Any person who makes any false statement under oath before the county clerk, municipal clerk or county board shall be guilty of a misdemeanor. Any false swearing is made criminal by 2C: :1A-142. Possession of explosives or bombs for unlawful purpose Any person who shall have in his possession or control any explosives, including any bomb, shell or similar device filled with one or more explosives, intending to use the same or cause the same to be used or who has used the same for an unlawful purpose shall be guilty of a high misdemeanor, and upon conviction shall be punished by imprisonment in a State prison for a term of not more than 25 years. The possession of explosives or any bomb, shell or similar device filled with explosives, without a permit as required by this act, shall be evidence of an intent to use the same or cause the same to be used for an unlawful purpose. act. Unlawful purpose shall mean a purpose that cannot be authorized under the provisions of this Possession of most of the kinds of explosives described in this section is illegal per se under 2C:39-3. Possession of any weapon under circumstances not appropriate for its lawful uses or for an unlawful purpose is punishable under 2C:39-4 and 2C:39-5. Possession of explosives not covered by the weapons laws with intent to use the explosives illegally would be attempted arson under 2C:17-1 and 2C: : False testimony or false reports; punishment Any person who, having been sworn or affirmed as a witness in any such hearing, shall willfully give false testimony or who shall willfully make or file any false or fraudulent report or statement required by this compact to be made or filed under oath, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one year or both. Any false swearing is made criminal by 2C:

12 32: Additional violations Any person who, having been duly sworn or affirmed as a witness in any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this act, shall willfully give false testimony shall be guilty of a misdemeanor punishable by a fine of not more than $1, or imprisoned for not more than 1 year or both. Any false swearing is made criminal by 2C: : False testimony or false reports; penalty Any person who, having been duly sworn or affirmed as a witness in any investigation, interview or other proceeding conducted by the commission pursuant to the provisions of this act, shall willfully give false testimony shall be guilty of a misdemeanor punishable by a fine of not more than $1, or imprisonment for not more than 1 year or both. Any false swearing is made criminal by 2C: : Violation or conspiracy to violate provisions of compact Any person who interferes with or impedes the orderly licensing of or orderly granting of any permits to any other person pursuant to this compact, or who attempts, conspires, or threatens so to do, shall be guilty of a misdemeanor punishable by a fine of not more than $1, or imprisonment for not more than 1 year or both. Obstruction of any governmental function is punishable under 2C: : Interference with licensing Any person who directly or indirectly inflicts or threatens to inflict any injury, damage, harm or loss or in any other manner practices intimidation upon or against any person in order to induce or compel such person or any other person to refrain from obtaining a license or permit pursuant to this compact shall be guilty of a misdemeanor punishable by a fine of not more than $1, or imprisonment for not more than 1 year or both. Any criminal coercion of another person is punishable under 2C: : Intimidation Any person who, without justification or excuse in law, directly or indirectly, intimidates or inflicts any injury, damage, harm, loss or economic reprisal upon any person who holds a license or permit issued by the commission pursuant to this compact, or any other person, or attempts, conspires or threatens so to do, in order to interfere with, impede or influence such licensee or permittee in the performance or discharge of his duties or obligations shall be guilty of a misdemeanor, punishable by a fine of not more than $1, or imprisonment of not more than 1 year or both. - 12

13 Any criminal coercion of another person is punishable under 2C: :1-52. Aiding in violations; misdemeanor Any person who shall knowingly aid or abet another in the violation of this chapter shall be guilty of a misdemeanor punishable in the same manner as the violation aided or abetted. Aiding another person to commit a criminal offense is considered commission of the offense; see 2C: :1-63. Resisting officer serving or executing search warrant; misdemeanor Any person who shall knowingly and willfully obstruct, resist or oppose any officer or person assisting an officer, in serving or executing, or attempting to serve or execute, any search warrant authorized by this chapter shall be guilty of a misdemeanor Obstructing the execution of a search warrant would constitute obstruction of governmental function under 2C:29-1. In most cases, it would also constitute hindering prosecution under 2C: :1-64. Procuring search warrant without probable cause; misdemeanor Any person who shall maliciously and without probable cause procure a search warrant to be issued and executed shall be guilty of a misdemeanor. Malicious use of government authority is misconduct in office punishable by 2C: :1-65. Search without warrant; misdemeanor Any person who shall intentionally search any private dwelling occupied exclusively for dwelling purposes, without a warrant therefor, or who shall maliciously and without probable cause, and without a warrant therefor, search any other building, premises, vehicle or place, shall be guilty of a misdemeanor. Malicious use of government authority is misconduct in office punishable by 2C:30-2. Not every search without a warrant would be punishable; some are legal and others may be illegal but done with a good faith belief that they are legal. The standard for misconduct in office adopted in the Criminal Code appears to be the correct one. 34:18-3. Failure to repay security moneys; punishment Any employer who shall fail to pay back to an employee such deposit or security moneys or so much thereof as may be due upon the termination of employment, or in accordance with the provisions of the contract of employment shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a period not exceeding one year, or both. - 13

14 To the extent that an employer is acting as a fiduciary in regard to deposit or security money of employees, failure to return the money when due is misapplication of entrusted property under 2C: If the employer is exercising unlawful control over the property, he is guilty of theft under 2C: :1-11. Illegal issuance of license a misdemeanor Any licensing officer who issues a marriage license except as provided in this chapter shall be guilty of a misdemeanor. Issuance of a marriage license corruptly or maliciously is misconduct in office under 2C:30-2. However, mistaken issuance of a license would not be misconduct. The standard for misconduct in office adopted in the Criminal Code appears to be the correct one. 38:23B-20. Offenses and penalties Any person who, having obtained a veteran's loan under this act, solicits, applies for, or accepts another such loan, except as specifically authorized in this act, and any person who knowingly and willfully furnishes any false or misleading information for the purpose of obtaining a veteran's loan, or of enabling another to obtain a veteran's loan, under this act, shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than three years, or both. Knowingly obtaining a loan by claiming not to have obtained one previously constitutes theft under 2C:20-4. Unsworn written statements made to public officials are made punishable by 2C: A:14-2. Unlawful sale or detention of military property Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by an officer or in any manner pledge or pawn any arms, equipment or other military property issued by the United States or this State for use of the militia, shall be guilty of a misdemeanor. Unlawfully taking the property of another is theft under 2C: A:14-5. Unlawful wearing of uniform Any person who shall wear the uniform or insignia similar to those issued or authorized for use by the organized militia, and who is not a member of the organized militia, except such members of organizations specifically authorized so to do by Federal and State laws and regulations, shall be guilty of a misdemeanor. Impersonating a public officer for the purpose of causing any other person to act in reliance on the pretence is punishable under 2C:

15 38A:14-6. Trespass upon or destruction or damage of militia property Any person who willfully trespasses upon any camp or parade ground, rifle range, armory or property lawfully used by or in connection with the militia, or any part thereof, or injures any property situated thereon, or willfully violates thereon any regulations established to maintain order, preserve property or prevent accidents upon such property, or removes, mutilates or destroys any such property shall be guilty of a misdemeanor. Entry into the structure of another with the purpose of committing an offense in it is burglary under 2C:18-2. Property destruction is criminal mischief under 2C:17-3, and theft is covered by 2C:20-2. Trespass, generally is punishable under 2C: A:14-8. Assault on troops Any person who assaults, fires at, throws missile at, against, or upon any uniformed member or members of the militia or other person lawfully aiding such member or members, when assembling or assembled for the purpose of performing any military duty, shall be guilty of a misdemeanor. Assaults generally are punishable under 2C:12-1. Assaults are graded between disorderly persons offenses and crimes of the second degree depending on the nature of the assault and the status of the person assaulted. 38A:14-9. Interference or failure to respond to order or call Any person who willfully interferes with the execution of any order or call for troops made by the Governor, and any person ordered or called, who does not appear at the time and place designated within 24 hours of such time, or who does not produce a sworn certificate from a physician of physical disability indicating inability to respond as aforesaid shall be deemed guilty of a misdemeanor. Obstruction of any governmental function is punishable under 2C: : Possession with intent to distribute, making, altering or counterfeiting certificate of registration or driver's license; sale, transfer or delivery; making, selling or possessing plates Any person who: a. Possesses with intent to distribute two or more false, forged, altered or counterfeited certificates of registration or driver's licenses; b. Falsely makes, alters, forges or counterfeits any motor vehicle certificate of registration or driver's license; or c. Sells, transfers or delivers any false, forged, altered or counterfeited certificate of registration or driver's license, with the intent that the same be sold or used as true and genuine; or d. Makes, sells or has in his control, custody or possession any plate made after or in the similitude of any plate from which any motor vehicle certificate of registration or driver's license has been - 15

16 printed, with the intent to use such plates or to cause the same to be used in forging or counterfeiting any such registration or driver's license, is guilty of a misdemeanor. The activities forbidden by this section constitute forgery or Possession of forgery devices under 2C: : Selling or otherwise disposing of stone a misdemeanor; exception If any person shall sell, or offer to sell, any of such stone or dispose of the same for any other purpose than as provided in section 40:23-28 of this title he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding ninety days, or both, but if any municipality be so distant from the stone quarry and stone crusher operated in connection therewith as to make it inconvenient to haul the stone, it may sell its share of crushed or broken stone so apportioned, and use the money obtained therefor in the purchase of other stone, or exchange the stone so apportioned for other stone. The stone so bought or exchanged shall be used only for the purposes set forth in said section 40: :23-28 provides for county stone quarries used to provide stone for local roads. Diversion of the stone to other uses would constitute either theft under 2C:20-3 or official misconduct under 2C: :3-2. Subornation of oaths, affirmations or affidavits made or taken out of state If any oath, affirmation or affidavit made or taken under authority of section 41:2-17 of this title, or any material part thereof, shall be untrue, any person who shall use or offer the same for any purpose whatever, knowing the same to be untrue, shall be guilty of a high misdemeanor, and shall upon conviction thereof suffer the same punishment as if convicted of subornation of perjury, and shall be subject to the same disabilities. Any false swearing is made criminal by 2C: :15A-55. Fraud against system a misdemeanor A person who knowingly makes a false statement, or falsifies or permits to be falsified any record of this retirement system, in an attempt to defraud the system as a result of such act shall be guilty of a misdemeanor. The acts forbidden by this section are punishable as theft by deception under 2C:20-4. In addition Unsworn written statements made to public officials are made punishable by 2C: :7-33. Violation of chapter; penalty Any person who knowingly violates any provision of this chapter for which no penalty is specifically provided shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars, or imprisonment for not more than one year, or by both such fine and imprisonment. - 16

17 Chapter 7 of Title 44 provides for the Old Age Assistance Program. It establishes various requirements on public officers in regard to that program. Corrupt or malicious violations of the requirements would constitute official misconduct under 2C: : False statements by applicants Any person applying for public assistance under the provisions of this act who shall make any false statement and by reason thereof receives benefits under the provisions of this act in excess of those to which he is or was actually entitled, shall be guilty of a misdemeanor. The acts forbidden by this section are punishable as theft by deception under 2C:20-4. In addition Unsworn written statements made to public officials are made punishable by 2C: : Officers and board members failing to comply If any municipal officer, board or body shall willfully fail or refuse to comply with any of the provisions of this act, such officer, and members of such board or body shall be guilty of a misdemeanor. Misconduct in office is made punishable by 2C: :6-23. Illegal practices; misdemeanor Any person, company or association shall be guilty of a misdemeanor, and upon every conviction thereof shall be punished by a fine of not less than five hundred dollars, or by imprisonment for not less than six months, or both, who: a. Sells or barters, or offers to sell or barter, any diploma or document conferring or purporting to confer any dental degree or any certificate or transcript made or purporting to be made pursuant to the laws regulating the licensing and registration of dentists; or b. Purchases or procures by barter any such diploma, certificate or transcript with intent that the same shall be used as evidence of the holder's qualification to practice dentistry, or in fraud of the laws regulating such practice; or or c. With fraudulent intent, alters in a material regard any such diploma, certificate or transcript; d. Uses or attempts to use any such diploma, certificate or transcript which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist; or e. Practices dentistry under a false or assumed name. The activities forbidden by this section constitute forgery under 2C:21-1. Practice of dentistry under an assumed name is wrongful impersonating under

18 45:6-24. False statements; high misdemeanor Any person who, in any affidavit or examination required of an applicant for examination, license or registration under the laws regulating the practice of dentistry, willfully makes a false statement in a material regard, shall be guilty of a high misdemeanor, punishable upon conviction thereof by a fine not exceeding five hundred dollars, or by imprisonment at hard labor not exceeding five years, or both, in the discretion of the court. Any false swearing is made criminal by 2C: : Use or display of identification card of another No private detective or investigator or employee of a private detective business who is in possession of any identification card, as provided for in the preceding section, shall loan, allow or permit any other person to use or display such identification card, and in case of the loss of any such identification card, shall forthwith notify the superintendent of such loss and the circumstances surrounding the same. Any person violating the provisions of this section or any person who shall display or use the identification card of another without authority, for the purpose of deceiving any person as to his identity shall be guilty of a misdemeanor. The activities prohibited by this section constitute wrongful impersonating under 2C: : Offenses in connection with issuance or use of identification cards Any person, firm, association or corporation licensed under the provisions of this act who shall issue identification cards to any person other than a bona fide employee, or who shall sell, issue, rent, loan or distribute badges or membership cards indicating that the holder thereof is a private detective or investigator or is engaged in the private detective business, to any person or persons other than those lawfully entitled to such identification cards shall be guilty of a misdemeanor. The activities forbidden by this section constitute forgery under 2C:21-1 or sale of simulated documents under 2C: :3-29. Removal, alteration or destruction of public records with malicious intent Any person who, without the consent of the person authorized to have custody thereof, removes an official record or paper from the files of any public agency or body, or who alters any map, plat, or other paper signed and approved by a public official without permission, or who alters, defaces, mutilates or destroys with malicious intent any public record shall be guilty of a high misdemeanor. Removal of public records is theft under 2C:20-3. Tampering with public records is separately punishable under 2C:21-3 and 2C:

19 48:4-33. False report or statements; evasion of excise; misdemeanor Any person who shall make any false or fraudulent report, or any false statement in any report with intent to defraud the state, or to evade the payment of any excise, or any part thereof imposed by section 48:4-20 of this title, or who shall aid or abet another in any attempt to evade the payment of any such excise, or any part thereof, or any person who shall make, or permit to be made, for any corporation, association or partnership any false report or any false statement in any report required to be filed under sections 48:4-20 to 48:4-34 of this title with intent to evade the payment of any excise hereunder, shall be guilty of a misdemeanor. Any false swearing is made criminal by 2C: :4-34. Perjury Any person who shall knowingly swear to, affirm or verify any false or fraudulent statement with intent to evade the payment of any excise hereunder, shall be guilty of a misdemeanor. Any false swearing is made criminal by 2C: :1-94. Retention of false weights, etc.; misdemeanor Any person who shall retain in his possession any weight, measure or container, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it to defraud or permit it to be so used, shall be guilty of a misdemeanor. Possessing a false weight or measure in the course of business is punishable under 2C:21-7. The burden of proof in this section is not constitutional. See e.g. Humanik v. Beyer 871 F.2d 433 (3d Cir.) cert. den. 110 S.Ct.57 (1989) 51:1-95. Marking of short weights and tares; misdemeanor Any person who shall knowingly mark false or short weights or false tare on any container, or who shall knowingly sell or offer for sale any container so marked shall be guilty of a misdemeanor. Possessing or using a false weight or measure or giving short weight or measure in the course of business is punishable under 2C: :4-2. Violations; punishment Any person, firm, partnership, association or corporation, or any servant, agent or employee thereof, who shall violate section 51:4-1 of this Title shall be guilty of a misdemeanor and for a first offense shall be punishable by a fine of not less than $ nor more than $1, and for each subsequent offense shall be punishable by a fine of not less than $1, nor more than $5,000.00, or imprisonment of not less than 60 days nor more than 1 year or both, or either, at the discretion of the court. - 19

20 Section 51:4-1 forbids the use of false or deceptive practices concerning the nature, quality or brand of gasoline or oil products. These activities constitute deceptive business practices punishable under 2C: :4-29. Misrepresentation, mislabeling or misbranding; misdemeanor Any person who misrepresents, mislabels or misbrands any lumber, wood product or building material or who causes a deviation from the applicable standards, rules or regulations, where such deviation misrepresents any lumber, wood product or building material so as to mislead or deceive a purchaser of the same shall be guilty of a misdemeanor. Selling or exposing for sale mislabeled commodities in the course of business is punishable under 2C: :13C-30. Knowing or willful falsification of statement, notice or report; penalty Any person who knowingly and willfully falsifies all or any part of any statement, notice or report under this act shall, upon conviction, be guilty of a misdemeanor. Any false swearing is made criminal by 2C:28-2; unsworn written statements made to public officials are made punishable by 2C: :13C-31. False communication relating to legislation; transmission to legislature or governor; penalty Any person who shall transmit, utter or publish to the Legislature or the Governor or his staff any communication relating to any legislation or be a party to the preparation thereof, knowing such communication or any signature thereto is false, forged, counterfeit, or fictitious, shall upon conviction, be guilty of a misdemeanor. Unsworn written statements made to public officials are made punishable by 2C: : Clerks receiving rewards for giving information; penalty Whenever in any department of this state a clerk or employee shall receive any check, reward, fee or compensation for disclosing to any person any information concerning matters or things in such department without the knowledge and consent of the head of such department, such clerk or employee shall forthwith hand over and pay to the treasurer of the state such check, reward, fee or compensation, and any failure so to do shall constitute a misdemeanor. The activities forbidden by this section constitute bribery under 2C:27-2 or illegal gifts or compensation to public servants under 2C:27-6 and 2C: