New jersey criminal charge
Frauds relating to public records and recordable instruments in New jersey
Frauds relating to public records and recordable instruments is a criminal offense under New jersey law, defined by N.J.S.A. 2C:21-3. 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:21-3.
What is the penalty for frauds relating to public records and recordable instruments in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Fraudulent destruction, removal or concealment of recordable instruments — A person destroys, removes or conceals a recordable instrument (such as a will, deed, mortgage, or security instrument) with purpose to deceive or injure anyone.; 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 15000 usd (no statutory minimum) (Fraudulent destruction, removal or concealment of recordable instruments — A person destroys, removes or conceals a recordable instrument (such as a will, deed, mortgage, or security instrument) with purpose to deceive or injure anyone.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Offering a false instrument for filing — A person, knowing a written instrument contains false information, offers or presents it to a public office or public servant with knowledge or belief it will be filed, registered or recorded as part of official records.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Offering a false instrument for filing — A person, knowing a written instrument contains false information, offers or presents it to a public office or public servant with knowledge or belief it will be filed, registered or recorded as part of official records.) | discretionary | N.J.S.A. 2C:43-8 |
Applies to current.
How is frauds relating to public records and recordable instruments classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Fraudulent destruction, removal or concealment of recordable instruments | crime of the third degree | A person destroys, removes or conceals a recordable instrument (such as a will, deed, mortgage, or security instrument) with purpose to deceive or injure anyone. | N.J.S.A. 2C:21-3undefined |
| Offering a false instrument for filing | disorderly persons offense | A person, knowing a written instrument contains false information, offers or presents it to a public office or public servant with knowledge or belief it will be filed, registered or recorded as part of official records. | N.J.S.A. 2C:21-3undefined |
Common questions about frauds relating to public records and recordable instruments in New jersey
What degree of offense is frauds relating to public records and recordable instruments in New Jersey?
It depends on the circumstances: frauds relating to public records and recordable instruments ranges from a disorderly persons offense to a crime of the third degree in New Jersey under N.J.S.A. 2C:21-3.
Fraudulent destruction, removal or concealment of recordable instruments: crime of the third degree (N.J.S.A. 2C:21-3undefined) · Offering a false instrument for filing: disorderly persons offense (N.J.S.A. 2C:21-3undefined)
What are the penalties for frauds relating to public records and recordable instruments in New Jersey?
Penalties for frauds relating to public records and recordable instruments in New Jersey depend on how it is classified — from a disorderly persons offense up to a crime of the third degree — with the ranges set by N.J.S.A. 2C:43-6 and N.J.S.A. 2C:43-8; the full table of ranges by variant is published on this page.
Which New Jersey statute covers frauds relating to public records and recordable instruments?
Frauds relating to public records and recordable instruments is governed by N.J.S.A. 2C:21-3 (Frauds relating to public records and recordable instruments).
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.