reglab/housing_qa huggingface dataset:
NJ Rev Stat § 2C:2-10 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:2-10 - Consent

2C:2-10. Consent  a. In general. The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense. b. Consent to bodily harm. When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if: (1) The bodily harm consented to or threatened by the conduct consented to is not serious; or (2) The conduct and the harm are reasonably foreseeable hazards of joint participation in a concerted activity of a kind not forbidden by law; or (3) The consent establishes a justification for the conduct under chapter 3 of the code. c. Ineffective consent. Unless otherwise provided by the code or by the law defining the offense, assent does not constitute consent if: (1) It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or (2) It is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature of harmfulness of the conduct charged to constitute an offense; or (3) It is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense. L.1978, c. 95, s. 2C:2-10, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:2-11 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:2-11 - De minimis infractions

2C:2-11. De minimis infractions  The assignment judge may dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendant's conduct: a. Was within a customary license or tolerance, neither expressly negated by the person whose interest was infringed nor inconsistent with the purpose of the law defining the offense; b. Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or c. Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in forbidding the offense. The assignment judge shall not dismiss a prosecution under this section without giving the prosecutor notice and an opportunity to be heard. The prosecutor shall have a right to appeal any such dismissal. L.1978, c. 95, s. 2C:2-11, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:2-12 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:2-12 - Entrapment

2C:2-12. Entrapment  a. A public law enforcement official or a person engaged in cooperation with such an official or one acting as an agent of a public law enforcement official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces or encourages and, as a direct result, causes another person to engage in conduct constituting such offense by either: (1) Making knowingly false representations designed to induce the belief that such conduct is not prohibited; or (2) Employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it. b. Except as provided in subsection c. of this section, a person prosecuted for an offense shall be acquitted if he proves by a preponderance of evidence that his conduct occurred in response to an entrapment. The issue of entrapment shall be tried by the trier of fact. c. The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment. L.1978, c. 95, s. 2C:2-12, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 9, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:3-1 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:3-1 - Justification an affirmative defense; civil remedies unaffected

2C:3-1. Justification an affirmative defense; civil remedies unaffected  a. In any prosecution based on conduct which is justifiable under this chapter, justification is an affirmative defense. b. The fact that conduct is justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action. L.1978, c. 95, s. 2C:3-1, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:3-2 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:3-2 - Necessity and other justifications in general

2C:3-2. Necessity and other justifications in general  a. Necessity. Conduct which would otherwise be an offense is justifiable by reason of necessity to the extent permitted by law and as to which neither the code nor other statutory law defining the offense provides exceptions or defenses dealing with the specific situation involved and a legislative purpose to exclude the justification claimed does not otherwise plainly appear. b. Other justifications in general. Conduct which would otherwise be an offense is justifiable by reason of any defense of justification provided by law for which neither the code nor other statutory law defining the offense provides exceptions or defenses dealing with the specific situation involved and a legislative purpose to exclude the justification claimed does not otherwise plainly appear. L.1978, c. 95, s. 2C:3-2, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:3-3 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:3-3 - Execution of public duty

2C:3-3. Execution of public duty  a. Except as provided in subsection b. of this section, conduct is justifiable when it is required or authorized by: (1) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties; (2) The law governing the execution of legal process; (3) The judgment or order of a competent court or tribunal; (4) The law governing the armed services or the lawful conduct of war; or (5) Any other provision of law imposing a public duty. b. The other sections of this chapter apply to: (1) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and (2) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law. c. The justification afforded by subsection a. of this section applies: (1) When the actor reasonably believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and (2) When the actor reasonably believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority. L.1978, c. 95, s. 2C:3-3, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:3-5 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:3-5 - Use of force for the protection of other persons

2C:3-5. Use of force for the protection of other persons  a. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable to protect a third person when: (1) The actor would be justified under section 2C:3-4 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect; and (2) Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would be justified in using such protective force; and (3) The actor reasonably believes that his intervention is necessary for the protection of such other person. b. Notwithstanding subsection a. of this section: (1) When the actor would be obliged under section 2C:3-4 b. (2)(b) to retreat or take other action he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person, and (2) When the person whom the actor seeks to protect would be obliged under section 2C:3-4 b. (2)(b) to retreat or take similar action if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and (3) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling to any greater extent than in his own. L.1978, c. 95, s. 2C:3-5, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:3-8 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:3-8 - Use of force by persons with special responsibility for care, discipline or safety of others

2C:3-8. Use of force by persons with special responsibility for care, discipline or safety of others  The use of force upon or toward the person of another is justifiable as permitted by law or as would be a defense in a civil action based thereon where the actor has been vested or entrusted with special responsibility for the care, supervision, discipline or safety of another or of others and the force is used for the purpose of and, subject to section 2C:3-9(b), to the extent necessary to further that responsibility, unless: a. The code or the law defining the offense deals with the specific situation involved; or b. A legislative purpose to exclude the justification claimed otherwise plainly appears; or c. Deadly force is used, in which case such force must be otherwise justifiable under the provisions of this chapter. L.1978, c. 95, s. 2C:3-8, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:3-9 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:3-9 - Mistake of law as to unlawfulness of force or legality of arrest; reckless or negligent use of excessive but otherwise justifiable force; reckless or negligent injury or risk of injury to innocent persons

2C:3-9. Mistake of law as to unlawfulness of force or legality of arrest; reckless or negligent use of excessive but otherwise justifiable force; reckless or negligent injury or risk of injury to innocent persons  a. The justification afforded by sections 2C:3-4 to 2C:3-7 is unavailable when: (1) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and (2) His error is due to ignorance or mistake as to the provisions of the code, any other provisions of the criminal law or the law governing the legality of an arrest or search. b. (Deleted by amendment; P.L.1981, c. 290.) c. When the actor is justified under sections 2C:3-3 to 2C:3-8 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons. L.1978, c. 95, s. 2C:3-9, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 6, eff. Sept. 24, 1981.
NJ Rev Stat § 2C:3-10 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:3-10 - Justification in property crimes

2C:3-10. Justification in property crimes  Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on, or interference with, property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless: a. The code or the law defining the offense deals with the specific situation involved; or b. A legislative purpose to exclude the justification claimed otherwise plainly appears. L.1978, c. 95, s. 2C:3-10, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:3-11 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:3-11 - Definitions.

2C:3-11 Definitions.  2C:3-11. Definitions. In this chapter, unless a different meaning plainly is required: a. "Unlawful force" means force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress, youth, or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm. b. "Deadly force" means force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle, building or structure in which another person is believed to be constitutes deadly force unless the firearm is loaded with less-lethal ammunition and fired by a law enforcement officer in the performance of the officer's official duties. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force. c. "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging except that, as used in 2C:3-7, the building or structure need not be the actor's own home or place of lodging. d. "Serious bodily harm" means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault.  e. "Bodily harm" means physical pain, or temporary disfigurement, or impairment of physical condition. f. "Less-lethal ammunition" means ammunition approved by the Attorney General which is designed to stun, temporarily incapacitate or cause temporary discomfort to a person without penetrating the person's body. The term shall also include ammunition approved by the Attorney General which is designed to gain access to a building or structure and is used for that purpose. L.1978, c.95; amended 1979, c.178, s.11; 1981, c.290, s.7; 1987, c.120, s.3; 2005, c.250, s.1.
NJ Rev Stat § 2C:4-1 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:4-1 - Insanity defense

2C:4-1. Insanity defense  A person is not criminally responsible for conduct if at the time of such conduct he was laboring under such a defect of reason, from disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong. Insanity is an affirmative defense which must be proved by a preponderance of the evidence. L.1978, c. 95, s. 2C:4-1, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 11A, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:4-2 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:4-2 - Evidence of mental disease or defect admissible when relevant to element of the offense

2C:4-2. Evidence of mental disease or defect admissible when relevant to element of the offense  2C:4-2. Evidence of mental disease or defect admissible when relevant to element of the offense.  Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did not have a state of mind which is an element of the offense. In the absence of such evidence, it may be presumed that the defendant had no mental disease or defect which would negate a state of mind which is an element of the offense.  L.1978, c.95; amended 1979,c.178,s.11B; 1981,c.290,s.8; 1990,c.63.
NJ Rev Stat § 2C:4-3 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:4-3 - Requirement of notice

2C:4-3. Requirement of notice  a. If a defendant intends to claim insanity pursuant to section 2C:4-1 or the absence of a requisite state of mind pursuant to section 2C:4-2, he shall serve notice of such intention upon the prosecuting attorney in accordance with the Rules of Court. b. When a defendant is acquitted on the ground of insanity, the verdict and judgment shall so state. L.1978, c. 95, s. 2C:4-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 12, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:4-4 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:4-4 - Mental incompetence excluding fitness to proceed

2C:4-4. Mental incompetence excluding fitness to proceed  a. No person who lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as such incapacity endures. b. A person shall be considered mentally competent to stand trial on criminal charges if the proofs shall establish: (1) That the defendant has the mental capacity to appreciate his presence in relation to time, place and things; and (2) That his elementary mental processes are such that he comprehends: (a) That he is in a court of justice charged with a criminal offense; (b) That there is a judge on the bench; (c) That there is a prosecutor present who will try to convict him of a criminal charge; (d) That he has a lawyer who will undertake to defend him against that charge; (e) That he will be expected to tell to the best of his mental ability the facts surrounding him at the time and place where the alleged violation was committed if he chooses to testify and understands the right not to testify; (f) That there is or may be a jury present to pass upon evidence adduced as to guilt or innocence of such charge or, that if he should choose to enter into plea negotiations or to plead guilty, that he comprehend the consequences of a guilty plea and that he be able to knowingly, intelligently, and voluntarily waive those rights which are waived upon such entry of a guilty plea; and (g) That he has the ability to participate in an adequate presentation of his defense. L.1978, c. 95, s. 2C:4-4, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 13, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:4-7 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:4-7 - Disposition

2C:4-7. Disposition  If a defendant is acquitted by reason of insanity the court shall dispose of the case as provided for in section 2C:4-8 of this chapter. L.1978, c. 95, s. 2C:4-7, eff. Sept. 1, 1979.
NJ Rev Stat § 2C:4-8 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:4-8 - Commitment of a person by reason of insanity

2C:4-8. Commitment of a person by reason of insanity  2C:4-8. Commitment of a Person by Reason of Insanity. a. After acquittal by reason of insanity, the court shall order that the defendant undergo a psychiatric examination by a psychiatrist of the prosecutor's choice. If the examination cannot take place because of the unwillingness of the defendant to participate, the court shall proceed as in section 2C:4-5c. The defendant, pursuant to this section, may also be examined by a psychiatrist of his own choice. b. The court shall dispose of the defendant in the following manner: (1) If the court finds that the defendant may be released without danger to the community or himself without supervision, the court shall so release the defendant; or (2) If the court finds that the defendant may be released without danger to the community or to himself under supervision or under conditions, the court shall so order; or (3) If the court finds that the defendant cannot be released with or without supervision or conditions without posing a danger to the community or to himself, it shall commit the defendant to a mental health facility approved for this purpose by the Commissioner of Human Services to be treated as a person civilly committed. In all proceedings conducted pursuant to this section and pursuant to section N.J.S.2C:4-6 concerning a defendant who lacks the fitness to proceed, including any periodic review proceeding, the prosecuting attorney shall have the right to appear and be heard. The defendant's continued commitment, under the law governing civil commitment, shall be established by a preponderance of the evidence, during the maximum period of imprisonment that could have been imposed, as an ordinary term of imprisonment, for any charge on which the defendant has been acquitted by reason of insanity. Expiration of that maximum period of imprisonment shall be calculated by crediting the defendant with any time spent in confinement for the charge or charges on which the defendant has been acquitted by reason of insanity. c. No person committed under this section shall be confined within any penal or correctional institution or any part thereof. L.1978, c.95; amended 1979, c.178, s.15; 1981, c.290, s.9; 1996, c.133, s.2.
NJ Rev Stat § 2C:4-9 (2021)
2021 New Jersey Revised Statutes|Title 2C - The New Jersey Code of Criminal Justice|Section 2C:4-9 - Release of persons committed by reason of insanity

2C:4-9. Release of persons committed by reason of insanity  2C:4-9. Release of Persons Committed by Reason of Insanity. a. If a person has been committed pursuant to section 2C:4-8 or section 2C:4-6 and if the commissioner, or his designee, or the superintendent of the institution to which the person has been committed, is of the view that a person committed to his custody, pursuant to section 2C:4-8 or section 2C:4-6, may be discharged or released on condition without danger to himself or to others, or that he may be transferred to a less restrictive setting for treatment, the commissioner or superintendent shall make application for the discharge or release of such person in a report to the court by which such person was committed and shall transmit a copy of such application and report to the prosecutor, the court, and defense counsel. The court may, in its discretion, appoint at least two qualified psychiatrists, neither of whom may be on the staff of the hospital to which the defendant had been committed, to examine such person and to report within 30 days, or such longer period as the court determines to be necessary for the purpose, their opinion as to his mental condition. b. The court shall hold a hearing to determine whether the committed person may be safely discharged, released on condition without danger to himself or others, or treated as in civil commitment. The hearing shall be held upon notice to the prosecutor and with the prosecutor's opportunity to be heard. Any such hearing shall be deemed a civil proceeding. According to the determination of the court upon the hearing, the court shall proceed as in section 2C:4-8b. (1), (2) or (3). c. A committed person may make application for his discharge or release to the court by which he was committed, and the procedure to be followed upon such application shall be the same as that prescribed above in the case of an application by the commissioner. d. Each defendant's case shall be specifically reviewed as provided by the law governing civil commitment. L.1978, c.95; amended 1979, c.178, s.16; 1996, c.133, s.3.