New Jersey criminal charge
Official misconduct in New Jersey
Official misconduct is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:30-2. 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:30-2.
What is the penalty for official misconduct in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Official misconduct — general — Applies to official misconduct generally, when the value of the benefit involved exceeds $200.00.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Official misconduct — general — Applies to official misconduct generally, when the value of the benefit involved 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 (Official misconduct — benefit value $200 or less — Applies when the benefit obtained, sought, or of which another is deprived or sought to be deprived, is of a value of $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 $15,000 (Official misconduct — benefit value $200 or less — Applies when the benefit obtained, sought, or of which another is deprived or sought to be deprived, is of a value of $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 |
Applies to current.
How is official misconduct classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Official misconduct — general | Crime of the Second Degree | Applies to official misconduct generally, when the value of the benefit involved exceeds $200.00. | N.J.S.A. 2C:30-2undefined |
| Official misconduct — benefit value $200 or less | Crime of the Third Degree | Applies when the benefit obtained, sought, or of which another is deprived or sought to be deprived, is of a value of $200.00 or less. | N.J.S.A. 2C:30-2undefined |
Common questions about official misconduct in New Jersey
What degree of offense is official misconduct in New Jersey?
It depends on the circumstances: official misconduct ranges from a Crime of the Third Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:30-2.
Official misconduct — general: Crime of the Second Degree (N.J.S.A. 2C:30-2) · Official misconduct — benefit value $200 or less: Crime of the Third Degree (N.J.S.A. 2C:30-2)
What are the penalties for official misconduct in New Jersey?
Penalties for official misconduct in New Jersey depend on how it is classified — from a Crime of the Third 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 official misconduct?
Official misconduct is governed by N.J.S.A. 2C:30-2 (Official misconduct).
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.