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New Jersey criminal charge

Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences in New Jersey

Current through 2026 New Jersey legislative session

Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:12-13. 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:12-13.

What is the penalty for throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences in New Jersey?

Penalties for Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences
PenaltyRangeBasisAuthority
Jail / prison5 years to 10 years (Serious bodily injury — Applies when the victim suffers serious bodily injury as a result of the bodily fluid assault.; presumption of imprisonment (2C:44-1(d)))presumptiveN.J.S.A. 2C:43-6
Fineup to $150,000 (Serious bodily injury — Applies when the victim suffers serious bodily injury as a result of the bodily fluid assault.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed)discretionaryN.J.S.A. 2C:43-6
Jail / prison3 years to 5 years (Bodily injury — Applies when the victim suffers bodily injury (less than serious bodily injury) as a result of the bodily fluid assault.; 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 (Bodily injury — Applies when the victim suffers bodily injury (less than serious bodily injury) as a result of the bodily fluid assault.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed)discretionaryN.J.S.A. 2C:43-6
Jail / prisonup to 18 months (No injury — Applies when the bodily fluid contact occurs but the victim suffers no bodily injury.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs))discretionaryN.J.S.A. 2C:43-6
Fineup to $10,000 (No injury — Applies when the bodily fluid contact occurs but the victim suffers no bodily injury.; or up to double gain/loss (2C:43-3))discretionaryN.J.S.A. 2C:43-6

Applies to current.

How is throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences classified in New Jersey?

The classification depends on the circumstances:

Classification variants for Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences
VariantClassificationWhen it appliesStatute
Serious bodily injuryCrime of the Second DegreeApplies when the victim suffers serious bodily injury as a result of the bodily fluid assault.N.J.S.A. 2C:12-13undefined
Bodily injuryCrime of the Third DegreeApplies when the victim suffers bodily injury (less than serious bodily injury) as a result of the bodily fluid assault.N.J.S.A. 2C:12-13undefined
No injuryCrime of the Fourth DegreeApplies when the bodily fluid contact occurs but the victim suffers no bodily injury.N.J.S.A. 2C:12-13undefined

Common questions about throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences in New Jersey

What degree of offense is throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences in New Jersey?

It depends on the circumstances: throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences ranges from a Crime of the Fourth Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:12-13.

Serious bodily injury: Crime of the Second Degree (N.J.S.A. 2C:12-13) · Bodily injury: Crime of the Third Degree (N.J.S.A. 2C:12-13) · No injury: Crime of the Fourth Degree (N.J.S.A. 2C:12-13)

What are the penalties for throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences in New Jersey?

Penalties for throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences 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 throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences?

Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences is governed by N.J.S.A. 2C:12-13 (Throwing bodily fluid at certain law enforcement officers deemed aggravated assault; grading, sentences).

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.