New Jersey Code of Criminal Justice - PowerPoint Presentation

New Jersey Code of Criminal Justice CHAPTER V

INCHOATE CRIMES

2C:5-1 Criminal Attempt a. Definition of attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (1) Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be; (2) When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing such result without further conduct on his part; or ( 3) Purposely does or omits to do anything which, under the circumstances as a reasonable person would believe them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

Criminal Attempt=Preparation Has to be associated with a crime Important words: INTENT OVERT ACT overt=hostility FAILURE TO COMPLETE CRIMEThen you have a criminal attempt. 2C:5-1 CRIMINAL ATTEMPT

If a subject attempts a 1 st degree crime and fails, the charge is 2 nd degree. 2nd, 3rd, 4 th stay the same. 2C:5-1 CRIMINAL ATTEMPT

2C:5-2. Conspiracy. a. Definition of conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he: (1) Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or (2) Agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime. 2C:5-2 Conspiracy

Conspiracy=Agreement If a subject attempts a 1 st degree crime and fails, the charge is 2 nd degree. EXCEPT- 2C:5-2 Conspiracy

except that an attempt or conspiracy to commit murder or terrorism is a crime of the first degree, provided, however, that if the person attempted or conspired to murder five or more persons, the person shall be sentenced by the court to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment, of which the person shall serve not less than 30 years before eligibility for parole. 2C:5-2 Conspiracy

2 nd , 3 rd , 4 th stay the same.CAN NOT CONSPIRE WITH ANY D.P.2C:5-2 Conspiracy

Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises. (1) Knowing the same to be so adapted or designed or commonly used; and (2) With either a purpose so to use or employ it, or with a purpose to provide it to some person who he knows has such a purpose to use or employ it, is guilty of an offense. 2C:5-5 BURGLARY TOOLS

The offense under a. or b. of this section is a crime of the fourth degree if the defendant manufactured such instrument or implements or published such plans or instructions; otherwise it is a disorderly persons offense . 2C:5-5 BURGLARY TOOLS

Any person who knowingly possesses a motor vehicle master key or device designed to operate a lock or locks on motor vehicles or to start a motor vehicle without an ignition key is guilty of a crime of the fourth degree. 2C:5-6 MOTOR VEHICLE MASTER KEYS

Shall not apply to a law enforcement officer, constable, locksmith or dealer, distributor or manufacturer of motor vehicles or motor vehicle locks, a garage keeper, or a person engaged in the business of lending on the security of motor vehicles, or in the business of acquiring by purchase evidence of debt secured by interests in motor vehicles, and his employees and agents. 2C:5-6 MOTOR VEHICLE MASTER KEYS