New jersey criminal charge
Offer of unlawful benefit to public servant for official behavior in New jersey
Offer of unlawful benefit to public servant for official behavior is a criminal offense under New jersey law, defined by N.J.S.A. 2C:27-11. 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:27-11.
What is the penalty for offer of unlawful benefit to public servant for official behavior in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Subsection a. offense — general — Offering, conferring, or agreeing to confer a benefit to influence a public servant's official duty, where the benefit value exceeds $200.00.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Subsection a. offense — general — Offering, conferring, or agreeing to confer a benefit to influence a public servant's official duty, where the benefit value exceeds $200.00.; 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 (Subsection a. offense — value $200 or less — Offering, conferring, or agreeing to confer a benefit to influence a public servant's official duty, where the benefit value is $200.00 or less.; 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) (Subsection a. offense — value $200 or less — Offering, conferring, or agreeing to confer a benefit to influence a public servant's official duty, where the benefit value is $200.00 or less.; 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 (Subsection b. offense — general — Directly or indirectly conferring or agreeing to confer a benefit not allowed by law to a public servant, where the benefit value exceeds $200.00.; 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) (Subsection b. offense — general — Directly or indirectly conferring or agreeing to confer a benefit not allowed by law to a public servant, where the benefit value exceeds $200.00.; 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 18 months (no statutory minimum) (Subsection b. offense — value $200 or less — Directly or indirectly conferring or agreeing to confer a benefit not allowed by law to a public servant, where the benefit value is $200.00 or less.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Subsection b. offense — value $200 or less — Directly or indirectly conferring or agreeing to confer a benefit not allowed by law to a public servant, where the benefit value is $200.00 or less.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is offer of unlawful benefit to public servant for official behavior classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Subsection a. offense — general | crime of the second degree | Offering, conferring, or agreeing to confer a benefit to influence a public servant's official duty, where the benefit value exceeds $200.00. | N.J.S.A. 2C:27-11undefined |
| Subsection a. offense — value $200 or less | crime of the third degree | Offering, conferring, or agreeing to confer a benefit to influence a public servant's official duty, where the benefit value is $200.00 or less. | N.J.S.A. 2C:27-11undefined |
| Subsection b. offense — general | crime of the third degree | Directly or indirectly conferring or agreeing to confer a benefit not allowed by law to a public servant, where the benefit value exceeds $200.00. | N.J.S.A. 2C:27-11undefined |
| Subsection b. offense — value $200 or less | crime of the fourth degree | Directly or indirectly conferring or agreeing to confer a benefit not allowed by law to a public servant, where the benefit value is $200.00 or less. | N.J.S.A. 2C:27-11undefined |
Common questions about offer of unlawful benefit to public servant for official behavior in New jersey
What degree of offense is offer of unlawful benefit to public servant for official behavior in New Jersey?
It depends on the circumstances: offer of unlawful benefit to public servant for official behavior ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:27-11.
Subsection a. offense — general: crime of the second degree (N.J.S.A. 2C:27-11undefined) · Subsection a. offense — value $200 or less: crime of the third degree (N.J.S.A. 2C:27-11undefined) · Subsection b. offense — general: crime of the third degree (N.J.S.A. 2C:27-11undefined) · Subsection b. offense — value $200 or less: crime of the fourth degree (N.J.S.A. 2C:27-11undefined)
What are the penalties for offer of unlawful benefit to public servant for official behavior in New Jersey?
Penalties for offer of unlawful benefit to public servant for official behavior in New Jersey depend on how it is classified — from a crime of the fourth degree up to a crime of the second 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 offer of unlawful benefit to public servant for official behavior?
Offer of unlawful benefit to public servant for official behavior is governed by N.J.S.A. 2C:27-11 (Offer of unlawful benefit to public servant for official behavior).
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.