2C:35-7.1. Violations of N.J.S.2C:35-5, certain locations; degree of crime; terms defined
a. Any person who violates subsection a. of N.J.S.2C:35-5 by
distributing, dispensing or possessing with intent to distribute a
controlled dangerous substance or controlled substance analog while in,
on or within 500 feet of the real property comprising a public housing
facility, a public park, or a public building is guilty of a crime of
the second degree, except that it is a crime of the third degree if the
violation involved less than one ounce of marijuana.
b. It shall be no defense to a prosecution for violation of this section
that the actor was unaware that the prohibited conduct took place while
on or within 500 feet of a public housing facility, a public park, or a
public building.
c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other
provisions of law, a conviction arising under this section shall not
merge with a conviction for a violation of subsection a. of
N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or
N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme).
Nothing in this section shall be construed to preclude or limit a
prosecution or conviction for a violation of N.J.S.2C:35-7 or any other
offense defined in this chapter.
d. It is an affirmative defense to prosecution for a violation of this
section that the prohibited conduct did not involve distributing,
dispensing or possessing with the intent to distribute or dispense any
controlled dangerous substance or controlled substance analog for
profit, and that the prohibited conduct did not involve distribution to a
person 17 years of age or younger. The affirmative defense established
in this section shall be proved by the defendant by a preponderance of
the evidence. Nothing herein shall be construed to establish an
affirmative defense with respect to a prosecution for an offense defined
in any other section of this chapter.
e. In a prosecution under this section, a map produced or reproduced by
any municipal or county engineer for the purpose of depicting the
location and boundaries of the area on or within 500 feet of a public
housing facility which is owned by or leased to a housing authority
according to the Local Redevelopment and Housing Law, P.L.1992, c.79
(C.40A:12A-1 et seq.), the area in or within 500 feet of a public park,
or the area in or within 500 feet of a public building, or a true copy
of such a map, shall, upon proper authentication, be admissible and
shall constitute prima facie evidence of the location and boundaries of
those areas, provided that the governing body of the municipality or
county has adopted a resolution or ordinance approving the map as
official finding and record of the location and boundaries of the area
or areas on or within 500 feet of a public housing facility, a public
park, or a public building. Any map approved pursuant to this section
may be changed from time to time by the governing body of the
municipality or county. The original of every map approved or revised
pursuant to this section, or a true copy thereof, shall be filed with
the clerk of the municipality or county, and shall be maintained as an
official record of the municipality or county. Nothing in this section
shall be construed to preclude the prosecution from introducing or
relying upon any other evidence or testimony to establish any element of
this offense; nor shall this section be construed to preclude the use
or admissibility of any map or diagram other than one which has been
approved by the governing body of a municipality or county, provided
that the map or diagram is otherwise admissible pursuant to the Rules of
Evidence.
f. As used in this act:
Public housing facility means any dwelling, complex of dwellings,
accommodation, building, structure or facility and real property of any
nature appurtenant thereto and used in connection therewith, which is
owned by or leased to a local housing authority in accordance with the
Local Redevelopment and Housing Law, P.L.1992, c.79 (C.40A:12A-1 et
seq.) for the purpose of providing living accommodations to persons of
low income.
Public park means a park, recreation facility or area or playground
owned or controlled by a State, county or local government unit.
Public building means any publicly owned or leased library or museum.
L.1997,c.327.
