2C:29-2. Resisting Arrest; Eluding Officer.
a. (1) Except as provided in paragraph (3), a person is guilty of a
disorderly persons offense if he purposely prevents or attempts to
prevent a law enforcement officer from effecting an arrest. (2) Except
as provided in paragraph (3), a person is guilty of a crime of the
fourth degree if he, by flight, purposely prevents or attempts to
prevent a law enforcement officer from effecting an arrest. (3) An
offense under paragraph (1) or (2) of subsection a. is a crime of the
third degree if the person:
(a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or
(b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law
enforcement officer was acting unlawfully in making the arrest, provided
he was acting under color of his official authority and provided the
law enforcement officer announces his intention to arrest prior to the
resistance.
b. Any person, while operating a motor vehicle on any street or highway
in this State or any vessel, as defined pursuant to section 2 of
P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly
flees or attempts to elude any police or law enforcement officer after
having received any signal from such officer to bring the vehicle or
vessel to a full stop commits a crime of the third degree; except that, a
person is guilty of a crime of the second degree if the flight or
attempt to elude creates a risk of death or injury to any person. For
purposes of this subsection, there shall be a permissive inference that
the flight or attempt to elude creates a risk of death or injury to any
person if the persons conduct involves a violation of chapter 4 of Title
39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the
penalty prescribed under this subsection or any other section of law,
the court shall order the suspension of that persons drivers license, or
privilege to operate a vessel, whichever is appropriate, for a period
of not less than six months or more than two years.
In the case of a person who is at the time of the imposition of sentence
less than 17 years of age, the period of the suspension of driving
privileges authorized herein, including a suspension of the privilege of
operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period as fixed by the court. If the
driving or vessel operating privilege of any person is under revocation,
suspension, or postponement for a violation of any provision of this
Title or Title 39 of the Revised Statutes at the time of any conviction
or adjudication of delinquency for a violation of any offense defined in
this chapter or chapter 36 of this Title, the revocation, suspension,
or postponement period imposed herein shall commence as of the date of
termination of the existing revocation, suspension, or postponement.
Upon conviction the court shall collect forthwith the New Jersey drivers
licenses of the person and forward such license or licenses to the
Director of the Division of Motor Vehicles along with a report
indicating the first and last day of the suspension or postponement
period imposed by the court pursuant to this section. If the court is
for any reason unable to collect the license or licenses of the person,
the court shall cause a report of the conviction or adjudication of
delinquency to be filed with the director. That report shall include the
complete name, address, date of birth, eye color, and sex of the person
and shall indicate the first and last day of the suspension or
postponement period imposed by the court pursuant to this section. The
court shall inform the person orally and in writing that if the person
is convicted of personally operating a motor vehicle or a vessel,
whichever is appropriate, during the period of license suspension or
postponement imposed pursuant to this section the person shall, upon
conviction, be subject to the penalties set forth in R.S.39:3-40 or
section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A
person shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge
in writing the receipt of a written notice shall not be a defense to a
subsequent charge of violation of R.S.39:3-40 or section 14 of P.L.1995,
c.401 (C.12:7-83), whichever is appropriate. If the person is the
holder of a drivers or vessel operators license from another
jurisdiction, the court shall not collect the license but shall notify
the director who shall notify the appropriate officials in the licensing
jurisdiction. The court shall, however, in accordance with the
provisions of this section, revoke the persons non-resident driving or
vessel operating privileges, whichever is appropriate, in this State.
For the purposes of this subsection, it shall be a rebuttable
presumption that the owner of a vehicle or vessel was the operator of
the vehicle or vessel at the time of the offense.
Amended 1979, c.178, s.57; 1981, c.290, s.28; 1989, c.84; 1991, c.341,
s.3; 1993, c.219, s.5; 1995, c.401, s.54; 2000, c.18, s.2.
