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New Jersey criminal charge

Tampering, degree of offense; sentencing requirements in New Jersey

Current through 2026 New Jersey legislative session

Tampering, degree of offense; sentencing requirements is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:40-17. 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:40-17.

What is the penalty for tampering, degree of offense; sentencing requirements in New Jersey?

Penalties for Tampering, degree of offense; sentencing requirements
PenaltyRangeBasisAuthority
Jail / prison3 years to 5 years (General tampering with cosmetic, drug, or food product — Applies when any person knowingly tampers with a cosmetic, drug, or food product, unless the health care professional exception in subsection b applies.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs))presumptiveN.J.S.A. 2C:43-6
Fineup to $15,000 (General tampering with cosmetic, drug, or food product — Applies when any person knowingly tampers with a cosmetic, drug, or food product, unless the health care professional exception in subsection b applies.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed)discretionaryN.J.S.A. 2C:43-6
Jail / prison5 years to 10 years (Health care professional tampering with prescribed medicine — Applies when a health care professional or his agent authorized to prescribe, dispense, or administer medication knowingly tampers with medicine prescribed for a person.; presumption of imprisonment (2C:44-1(d)))presumptiveN.J.S.A. 2C:43-6
Fineup to $150,000 (Health care professional tampering with prescribed medicine — Applies when a health care professional or his agent authorized to prescribe, dispense, or administer medication knowingly tampers with medicine prescribed for a person.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed)discretionaryN.J.S.A. 2C:43-6

Applies to current.

How is tampering, degree of offense; sentencing requirements classified in New Jersey?

The classification depends on the circumstances:

Classification variants for Tampering, degree of offense; sentencing requirements
VariantClassificationWhen it appliesStatute
General tampering with cosmetic, drug, or food productCrime of the Third DegreeApplies when any person knowingly tampers with a cosmetic, drug, or food product, unless the health care professional exception in subsection b applies.N.J.S.A. 2C:40-17undefined
Health care professional tampering with prescribed medicineCrime of the Second DegreeApplies when a health care professional or his agent authorized to prescribe, dispense, or administer medication knowingly tampers with medicine prescribed for a person.N.J.S.A. 2C:40-17undefined

Common questions about tampering, degree of offense; sentencing requirements in New Jersey

What degree of offense is tampering, degree of offense; sentencing requirements in New Jersey?

It depends on the circumstances: tampering, degree of offense; sentencing requirements ranges from a Crime of the Third Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:40-17.

General tampering with cosmetic, drug, or food product: Crime of the Third Degree (N.J.S.A. 2C:40-17) · Health care professional tampering with prescribed medicine: Crime of the Second Degree (N.J.S.A. 2C:40-17)

What are the penalties for tampering, degree of offense; sentencing requirements in New Jersey?

Penalties for tampering, degree of offense; sentencing requirements 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 tampering, degree of offense; sentencing requirements?

Tampering, degree of offense; sentencing requirements is governed by N.J.S.A. 2C:40-17 (Tampering, degree of offense; sentencing requirements).

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.