New jersey criminal charge
Violations, degree of offense, crime in New jersey
Violations, degree of offense, crime is a criminal offense under New jersey law, defined by N.J.S.A. 2C:40-28. 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:40-28.
What is the penalty for violations, degree of offense, crime in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (no statutory minimum) (Endangering life or property via UAS operation — A person knowingly or intentionally operates an unmanned aircraft system in a manner that endangers the life or property of another.; 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) (Endangering life or property via UAS operation — A person knowingly or intentionally operates an unmanned aircraft system in a manner that endangers the life or property of another.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 18 months (no statutory minimum) (Endangering correctional facility security — A person knowingly or intentionally creates or maintains a condition endangering the safety or security of a correctional facility by operating a UAS on or near the facility without license or privilege.; 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) (Endangering correctional facility security — A person knowingly or intentionally creates or maintains a condition endangering the safety or security of a correctional facility by operating a UAS on or near the facility without license or privilege.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Surveillance of correctional facility — A person knowingly operates a UAS to conduct surveillance of or gather information about a correctional facility without license or privilege to do so.; 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) (Surveillance of correctional facility — A person knowingly operates a UAS to conduct surveillance of or gather information about a correctional facility without license or privilege to do so.; 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) (Interference with first responder — A person knowingly or intentionally operates a UAS in a manner that interferes with a first responder actively engaged in response or transport.; 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) (Interference with first responder — A person knowingly or intentionally operates a UAS in a manner that interferes with a first responder actively engaged in response or transport.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Taking wildlife via UAS — A person knowingly operates or uses a UAS to take or assist in the taking of wildlife.; 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) (Taking wildlife via UAS — A person knowingly operates or uses a UAS to take or assist in the taking of wildlife.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 6 months (no statutory minimum) (Operating UAS while intoxicated — A person operates a UAS while under the influence of intoxicating liquor or drugs, or with a BAC of 0.08% or more.; 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) (Operating UAS while intoxicated — A person operates a UAS while under the influence of intoxicating liquor or drugs, or with a BAC of 0.08% or more.) | discretionary | N.J.S.A. 2C:43-8 |
Applies to current.
How is violations, degree of offense, crime classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Endangering life or property via UAS operation | disorderly persons offense | A person knowingly or intentionally operates an unmanned aircraft system in a manner that endangers the life or property of another. | N.J.S.A. 2C:40-28undefined |
| Endangering correctional facility security | crime of the fourth degree | A person knowingly or intentionally creates or maintains a condition endangering the safety or security of a correctional facility by operating a UAS on or near the facility without license or privilege. | N.J.S.A. 2C:40-28undefined |
| Surveillance of correctional facility | crime of the third degree | A person knowingly operates a UAS to conduct surveillance of or gather information about a correctional facility without license or privilege to do so. | N.J.S.A. 2C:40-28undefined |
| Interference with first responder | crime of the fourth degree | A person knowingly or intentionally operates a UAS in a manner that interferes with a first responder actively engaged in response or transport. | N.J.S.A. 2C:40-28undefined |
| Taking wildlife via UAS | disorderly persons offense | A person knowingly operates or uses a UAS to take or assist in the taking of wildlife. | N.J.S.A. 2C:40-28undefined |
| Operating UAS while intoxicated | disorderly persons offense | A person operates a UAS while under the influence of intoxicating liquor or drugs, or with a BAC of 0.08% or more. | N.J.S.A. 2C:40-28undefined |
Common questions about violations, degree of offense, crime in New jersey
What degree of offense is violations, degree of offense, crime in New Jersey?
It depends on the circumstances: violations, degree of offense, crime ranges from a disorderly persons offense to a crime of the third degree in New Jersey under N.J.S.A. 2C:40-28.
Endangering life or property via UAS operation: disorderly persons offense (N.J.S.A. 2C:40-28undefined) · Endangering correctional facility security: crime of the fourth degree (N.J.S.A. 2C:40-28undefined) · Surveillance of correctional facility: crime of the third degree (N.J.S.A. 2C:40-28undefined) · Interference with first responder: crime of the fourth degree (N.J.S.A. 2C:40-28undefined) · Taking wildlife via UAS: disorderly persons offense (N.J.S.A. 2C:40-28undefined) · Operating UAS while intoxicated: disorderly persons offense (N.J.S.A. 2C:40-28undefined)
What are the penalties for violations, degree of offense, crime in New Jersey?
Which New Jersey statute covers violations, degree of offense, crime?
Violations, degree of offense, crime is governed by N.J.S.A. 2C:40-28 (Violations, degree of offense, crime).
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.