NJSA 2C:1-14 Criminal Definitions
2C:1-14. In this code, unless a different meaning plainly is required:
a. "Statute" includes the Constitution and a local law or ordinance of a political subdivision of the State;
b. "Act" or "action" means a bodily movement whether voluntary or involuntary;
c. "Omission" means a failure to act;
d. "Conduct" means an action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions;
e. "Actor" includes, where relevant, a person guilty of an omission;
f. "Acted" includes, where relevant, "omitted to act";
g. "Person," "he," and "actor" include any natural person and, where relevant, a corporation or an unincorporated association;
h. "Element of an offense" means (1) such conduct or (2) such attendant circumstances or (3) such a result of conduct as
(a)Is included in the description of the forbidden conduct in the definition of the offense;
(b)Establishes the required kind of culpability;
(c)Negatives an excuse or justification for such conduct;
(d)Negatives a defense under the statute of limitations; or
(e)Establishes jurisdiction or venue;
i. "Material element of an offense" means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with (1) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (2) the existence of a justification or excuse for such conduct;
j. "Reasonably believes" or "reasonable belief" designates a belief the holding of which does not make the actor reckless or criminally negligent;
k. "Offense" means a crime, a disorderly persons offense or a petty disorderly persons offense unless a particular section in this code is intended to apply to less than all three;
l.(Deleted by amendment, P.L.1991, c.91).
m. "Amount involved," "benefit," and other terms of value. Where it is necessary in this act to determine value, for purposes of fixing the degree of an offense, that value shall be the fair market value at the time and place of the operative act.
n. "Motor vehicle" shall have the meaning provided in R.S.39:1-1.
o. "Unlawful taking of a motor vehicle" means conduct prohibited under N.J.S.2C:20-10 when the means of conveyance taken, operated or controlled is a motor vehicle.
p. "Research facility" means any building, laboratory, institution, organization, school, or person engaged in research, testing, educational or experimental activities, or any commercial or academic enterprise that uses warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education. A research facility includes, but is not limited to, any enclosure, separately secured yard, pad, pond, vehicle, building structure or premises or separately secured portion thereof.
q. "Communication" means any form of communication made by any means, including, but not limited to, any verbal or written communication, communications conveyed by any electronic communication device, which includes but is not limited to, a wire, radio, electromagnetic, photoelectric or photo-optical system, telephone, including a cordless, cellular or digital telephone, computer, video recorder, fax machine, pager, or any other means of transmitting voice or data and communications made by sign or gesture.
r. "School" means a public or nonpublic elementary or secondary school within this State offering education in grades K through 12, or any combination thereof, at which a child may legally fulfill compulsory school attendance requirements.
Amended 1979, c.178, s.8; 1991, c.91, s.142; 1993, c.219, s.1; 1995, c.20, s.1; 2001, c.220, s.1; 2006, c.78, s.1.
Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Co Chair of the ABA Criminal Law Committee, GP and was a speaker at the ABA Annual Meeting. To schedule a confidential consultation, call us or New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm
Kenneth Vercammen & Associates, P.C,
2053 Woodbridge Avenue,
Edison, NJ 08817,