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New Jersey legal term

Mentally incapacitated in New Jersey Criminal Law

Current through 2026 New Jersey legislative session

In New Jersey criminal law, “Mentally incapacitated” 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 “Mentally incapacitated” mean in New Jersey criminal law?

"Mentally incapacitated" means that condition in which a person is rendered temporarily or permanently incapable of understanding or controlling one's conduct, or of appraising or controlling one's condition, which incapacity shall include but is not limited to an inability to comprehend one's own peril; (3) "Bodily injury" shall have the meaning set forth in N.J.S.2C:11-1. c. (N.J.S.A. 2C:12-1.2)

Statutes defining or using this term

Charges using this term

Related terms in the same statutes

This reference is informational and is not legal advice.