New Jersey criminal charge
Booby traps in manufacturing or distribution facilities; fortified premises in New Jersey
Booby traps in manufacturing or distribution facilities; fortified premises is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:35-4.1. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:35-4.1.
What is the penalty for booby traps in manufacturing or distribution facilities; fortified premises in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Booby trap in drug facility (no injury) — A person who knowingly assembles, maintains, places or causes to be placed a booby trap on property used for manufacturing, distributing, dispensing, or possessing/controlling with intent to manufacture, distribute or dispense controlled dangerous substances, where the booby trap does not cause bodily injury.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Booby trap in drug facility (no injury) — A person who knowingly assembles, maintains, places or causes to be placed a booby trap on property used for manufacturing, distributing, dispensing, or possessing/controlling with intent to manufacture, distribute or dispense controlled dangerous substances, where the booby trap does not cause bodily injury.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Booby trap causing bodily injury — Applies when the booby trap described in subsection b actually causes bodily injury to any person.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $200,000 (Booby trap causing bodily injury — Applies when the booby trap described in subsection b actually causes bodily injury to any person.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Fortified structure used for drug offenses — A person who fortifies or maintains a fortified structure for manufacturing/distributing/dispensing controlled substances, or who violates certain chapter 35 sections in a structure they own/lease/occupy/control that has been fortified.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Fortified structure used for drug offenses — A person who fortifies or maintains a fortified structure for manufacturing/distributing/dispensing controlled substances, or who violates certain chapter 35 sections in a structure they own/lease/occupy/control that has been fortified.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is booby traps in manufacturing or distribution facilities; fortified premises classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Booby trap in drug facility (no injury) | Crime of the Second Degree | A person who knowingly assembles, maintains, places or causes to be placed a booby trap on property used for manufacturing, distributing, dispensing, or possessing/controlling with intent to manufacture, distribute or dispense controlled dangerous substances, where the booby trap does not cause bodily injury. | N.J.S.A. 2C:35-4.1undefined |
| Booby trap causing bodily injury | Crime of the First Degree | Applies when the booby trap described in subsection b actually causes bodily injury to any person. | N.J.S.A. 2C:35-4.1undefined |
| Fortified structure used for drug offenses | Crime of the Third Degree | A person who fortifies or maintains a fortified structure for manufacturing/distributing/dispensing controlled substances, or who violates certain chapter 35 sections in a structure they own/lease/occupy/control that has been fortified. | N.J.S.A. 2C:35-4.1undefined |
Common questions about booby traps in manufacturing or distribution facilities; fortified premises in New Jersey
What degree of offense is booby traps in manufacturing or distribution facilities; fortified premises in New Jersey?
It depends on the circumstances: booby traps in manufacturing or distribution facilities; fortified premises ranges from a Crime of the Third Degree to a Crime of the First Degree in New Jersey under N.J.S.A. 2C:35-4.1.
Booby trap in drug facility (no injury): Crime of the Second Degree (N.J.S.A. 2C:35-4.1) · Booby trap causing bodily injury: Crime of the First Degree (N.J.S.A. 2C:35-4.1) · Fortified structure used for drug offenses: Crime of the Third Degree (N.J.S.A. 2C:35-4.1)
What are the penalties for booby traps in manufacturing or distribution facilities; fortified premises in New Jersey?
Penalties for booby traps in manufacturing or distribution facilities; fortified premises in New Jersey depend on how it is classified — from a Crime of the Third Degree up to a Crime of the First Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers booby traps in manufacturing or distribution facilities; fortified premises?
Booby traps in manufacturing or distribution facilities; fortified premises is governed by N.J.S.A. 2C:35-4.1 (Booby traps in manufacturing or distribution facilities; fortified premises).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.