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New Jersey legal term

Element of an offense in New Jersey Criminal Law

Current through 2026 New Jersey legislative session

In New Jersey criminal law, “Element of an offense” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the New Jersey criminal code.

What does “Element of an offense” mean in New Jersey criminal law?

"Element of an offense" means (1) such conduct or (2) such attendant circumstances or (3) such a result of conduct as (a) Is included in the description of the forbidden conduct in the definition of the offense; (b) Establishes the required kind of culpability; (c) Negatives an excuse or justification for such conduct; (d) Negatives a defense under the statute of limitations; or (e) Establishes jurisdiction or venue; i. (N.J.S.A. 2C:1-14)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.