2C:35-4.1 Booby traps in manufacturing or distribution facilities; fortified premises
1. Booby traps in Manufacturing or Distribution Facilities; Fortified Premises.
a. As used in this section:
(1) Booby trap means any concealed or camouflaged device designed or
reasonably likely to cause bodily injury when triggered by the action of
a person entering a property or building or any portion thereof, or
moving on the property or in the building, or by the action of another
person. The term includes, but is not limited to, firearms, ammunition
or destructive devices activated by a trip wire or other triggering
mechanism, sharpened stakes, traps, and lines or wires with hooks,
weights or other objects attached.
(2) Structure means any building, room, ship, vessel or airplane and
also means any place adapted for overnight accommodation of persons, or
for carrying on business therein, whether or not the person is actually
present.
b. Any person who knowingly assembles, maintains, places or causes to be
placed a booby trap on property used for the manufacture, distribution,
dispensing, or possession or control with intent to manufacture,
distribute or dispense, controlled dangerous substances in violation of
this chapter shall be guilty of a crime of the second degree. If the
booby trap causes bodily injury to any person, the defendant shall be
guilty of a crime of the first degree.
It shall not be a defense that the device was inoperable or was not
actually triggered, or that its existence or location was known to a law
enforcement officer or another person.
c. Any person who fortifies or maintains in a fortified condition a
structure for the manufacture, distribution, dispensing or possession or
control with intent to manufacture, distribute or dispense, controlled
dangerous substances, or who violates section 3, 4, 5, 6 or 7 of chapter
35 in a structure which he owns, leases, occupies or controls, and
which has been fortified, is guilty of a crime of the third degree. A
structure has been fortified if steel doors, wooden planking, cross
bars, alarm systems, dogs, lookouts or any other means are employed to
prevent, impede, delay or provide warning of the entry into a structure
or any part of a structure by law enforcement officers.
d. A booby trap or fortification is maintained if it remains on property
or in a structure while the property or structure is owned, occupied,
controlled or used by the defendant.
e. Nothing herein shall be deemed to preclude, if the evidence so
warrants, an indictment and conviction for a violation of chapters 11,
12, 17, and 39 of this title, or any other law. Notwithstanding the
provisions of N.J.S.2C:1-8, N.J.S.2C:44-5 or any other provisions of
law, a conviction arising under this section shall not merge with a
conviction for a violation of any section of chapter 35 of Title 2C of
the New Jersey Statutes, or for conspiring or attempting to violate any
section of chapter 35 of Title 2C of the New Jersey Statutes, and the
sentence imposed upon a violation of this section shall be ordered to be
served consecutively to that imposed for any other conviction arising
under any section of chapter 35 of Title 2C of the New Jersey Statutes
or for conspiracy or attempt to violate any section of chapter 35 of
Title 2C of the New Jersey Statutes, unless the court, in consideration
of the character and circumstances of the defendant, finds that
imposition of consecutive sentences would be a serious injustice which
overrides the need to deter such conduct by others. If the court does
not impose a consecutive sentence, the sentence shall not become final
for 10 days in order to permit the appeal of such sentence by the
prosecution.
L.1997,c.185.
