reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-9.1 - Sale of knives to minors; crime of the fourth degree; exceptions

2C:39-9.1. Sale of knives to minors; crime of the fourth degree; exceptions
4. A person who sells any hunting, fishing, combat or survival knife having a blade length of five inches or more or an overall length of 10 inches or more to a person under 18 years of age commits a crime of the fourth degree; except that the establishment by a preponderance of the evidence of all of the following facts by a person making the sale shall constitute an affirmative defense to any prosecution therefor: a. that the purchaser falsely represented his age by producing a driver's license bearing a photograph of the licensee, or by producing a photographic identification card issued pursuant to section 2 of P.L.1980, c. 47 (C.39:3-29.3), or by producing a similar card purporting to be a valid identification card indicating that he was 18 years of age or older, and b. that the appearance of the purchaser was such that an ordinary prudent person would believe him to be 18 years of age or older, and c. that the sale was made in good faith relying upon the indicators of age listed in a. and b. above.
L.1987,c.228,s.4; amended 2003, c.175, s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-9.2 - Sale of handcuffs to minors, prohibited

2C:39-9.2. Sale of handcuffs to minors, prohibited
2. A person who sells handcuffs to a person under 18 years of age is guilty of a disorderly persons offense. A law enforcement officer shall confiscate handcuffs sold in violation of the law. As used in this section, "handcuffs" mean a device, conventionally used for law enforcement purposes, that can be tightened and locked about the wrists for the purpose of restraining a person's movement.
L.1991,c.437,s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-11 - Pawnbrokers; loaning on firearms

2C:39-11. Pawnbrokers; loaning on firearms
a. Any pawnbroker who sells, offers to sell or to lend or to give away any weapon, destructive device or explosive is guilty of a crime of the third degree.
b. Any person who loans money, the security for which is any handgun, rifle or shotgun is guilty of a disorderly persons offense.
L.1978, c. 95, s. 2C:39-11, eff. Sept. 1, 1979. Amended by L.1979, c. 179, s. 9, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-12 - Voluntary surrender.

2C:39-12 Voluntary surrender.
2C:39-12. No person shall be convicted of an offense under this chapter for possessing any firearms, weapons, destructive devices, large capacity ammunition magazines, silencers or explosives, if after giving written notice of his intention to do so, including the proposed date and time of surrender, he voluntarily surrendered the weapon, device, instrument or substance in question to the superintendent or to the chief of police in the municipality in which he resides, provided that the required notice is received by the superintendent or chief of police before any charges have been made or complaints filed against such person for the unlawful possession of the weapon, device, instrument or substance in question and before any investigation has been commenced by any law enforcement agency concerning the unlawful possession. Nothing in this section shall be construed as granting immunity from prosecution for any crime or offense except that of the unlawful possession of such weapons, devices, instruments or substances surrendered as herein provided.
amended 2018, c.39, s.6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-13 - Unlawful use of body vests

2C:39-13. Unlawful use of body vests
1. Unlawful use of body vests. A person is guilty of a crime if he uses or wears a body vest while engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, manslaughter, robbery, sexual assault, burglary, kidnaping, criminal escape or assault under N.J.S.2C:12-1b. Use or wearing a body vest while engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit a crime of the first degree is a crime of the second degree. Otherwise it is a crime of the third degree.
As used in this section, "body vest" means bullet-resistant body armor which is intended to provide ballistic and trauma protection.
L.1983,c.152,s.1; amended 1999, c.306.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-14 - 2nd degree crimes

2C:39-14. 2nd degree crimes
a. Any person who teaches or demonstrates to any other person the use, application, or making of any firearm, explosive or destructive device, or technique capable of causing injury or death to a person, knowing or having reason to know or intending that it will be employed for use in, or in furtherance of, an illegal activity is guilty of a crime of the second degree.
b. Any person who assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive or destructive device, or technique capable of causing injury or death to a person, intending to unlawfully employ it for use in, or in furtherance of, an illegal activity is guilty of a crime of the second degree.
L. 1983, c. 229, s.1; amended by 1988,c.76,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-15 - Gun advertising requirement

2C:39-15. Gun advertising requirement
Any person who offers to sell a machine gun, semi-automatic rifle, or assault firearm by means of an advertisement published in a newspaper circulating within this State, which advertisement does not specify that the purchaser shall hold a valid license to purchase and possess a machine gun or assault firearm, or a valid firearms identification card to purchase and possess an automatic or semi-automatic rifle, is a disorderly person.
L.1983,c.515,s.1; amended 1990,c.32,s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-16 - "Leader of a firearms trafficking network" defined; first degree crime; fines; sentencing

2C:39-16. "Leader of a firearms trafficking network" defined; first degree crime; fines; sentencing
1. A person is a leader of a firearms trafficking network if he conspires with others as an organizer, supervisor, financier or manager, to engage for profit in a scheme or course of conduct to unlawfully manufacture, transport, ship, sell or dispose of any firearm. Leader of firearms trafficking network is a crime of the first degree.
As used in this section: "leader of a firearms trafficking network" means a person who occupies a position of authority or control over other persons in a scheme or organization of illegal firearms manufacturing, transporting, shipping or selling and who exercises that authority or control over others involved in the scheme or organization.
Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may also impose a fine not to exceed $500,000.00 or five times the value of the firearms involved, whichever is greater.
Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of firearms trafficking network shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this section shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this section be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction for weapons offenses under the provisions of chapter 39 of Title 2C of the New Jersey Statutes, N.J.S.2C:41-2 (racketeering activities) or subsection g. of N.J.S.2C:5-2 (leader of organized crime).
It shall not be necessary in any prosecution under this section for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attendant circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the amount of firearms involved, or the amount of cash or currency involved.
It shall not be a defense to a prosecution under this section that the firearms were brought into or transported in this State solely for ultimate distribution or dispensing in another jurisdiction; nor shall it be a defense that any profit was intended to be made in another jurisdiction.
L.1995,c.405,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-16.3 - Trier of fact, defendant, requisite mental state, commit, firearm trafficking, conditions.

2C:39-16.3 Trier of fact, defendant, requisite mental state, commit, firearm trafficking, conditions.
3. a. In a prosecution under section 2 of P.L.2023, c.148 (C.2C:39-16.2), the trier of fact may infer that the defendant had the requisite mental state to commit a firearm trafficking violation if the defendant:
(1) transferred or planned to transfer the firearm within 45 days of the defendant's purchase and receipt of the firearm;
(2) sold three or more firearms to the other person within a one-year period;
(3) received compensation for the sale of the firearm to another person that was significantly above the fair market value of the firearm;
(4) did not conduct the transaction through a licensed retail dealer pursuant to paragraph (2) of subsection a. or paragraph (2) of subsection b. of N.J.S.2C:58-3; or
(5) did not abide by the requirements of paragraph (3) of subsection a. or paragraph (3) of subsection b. of N.J.S.2C:58-3 and did not provide a receipt or other documentation regarding the sale to the other person.
b. The provisions of N.J.S.2C:2-3 governing the causal relationship between conduct and result shall not apply in a prosecution under section 2 of P.L.2023, c.148 (C.2C:39-16.2).
c. In a prosecution under section 2 of P.L.2023, c.148 (C.2C:39-16.2), the defendant's actions outside of this State shall be sufficient for prosecution if the defendant knew or should have known that the recipient of the firearm intended to possess, transfer, dispose, sell, or otherwise transport the firearm in this State.
d. It shall not be a defense to a prosecution under section 2 of P.L.2023, c.148 (C.2C:39-16.2) that:
(1) the death or serious or significant bodily injury took place in a jurisdiction other than this State; or
(2) the decedent or victim contributed to their own death or serious bodily injury.
e. Nothing in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for any other offense.
L.2023, c.148, s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-17 - Retired law enforcement officers permitted to possess, carry certain ammunition.

2C:39-17 Retired law enforcement officers permitted to possess, carry certain ammunition.
3. Notwithstanding the provisions of subsection j. of N.J.S.2C:39-3, a retired law enforcement officer who is authorized to possess and carry a handgun pursuant to subsection l. of N.J.S.2C:39-6 may possess and carry a large capacity ammunition magazine which is capable of holding up to 15 rounds of ammunition that can be fed continuously and directly into a semi-automatic handgun.
L.2018, c.39, s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-18 - Inapplicability.

2C:39-18 Inapplicability.
4. The provisions of P.L.2018, c.39 (C.2C:39-17 et al.) shall not apply to the possession of a large capacity ammunition magazine solely used as a prop for a motion picture, television, or video production, provided the large capacity ammunition magazine has been reconfigured to fire blank ammunition and remains under the control of a federal firearms license holder.
L.2018, c.39, s.4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-19 - Regulations relative to certain current owners of automatic rifles.

2C:39-19 Regulations relative to certain current owners of automatic rifles.
5. Except as provided in section 7 of P.L.2018, c.39 (C.2C:39-20), a person who legally owns a semi-automatic rifle with a fixed magazine capacity exceeding 10 rounds or a large capacity ammunition magazine as defined under subsection y. of N.J.S.2C:39-1 which is capable of holding more than 10 rounds of ammunition on the effective date of P.L.2018, c.39 (C.2C:39-17 et al.) may retain possession of that rifle or magazine for a period not to exceed 180 days after the effective date of this act. During this time period, the owner of the semi-automatic rifle or magazine shall:
a. Transfer the semi-automatic rifle or magazine to any person or firm lawfully entitled to own or possess that firearm or magazine;
b. Render the semi-automatic rifle or magazine inoperable or permanently modify a large capacity ammunition magazine to accept 10 rounds or less; or
c. Voluntarily surrender the semi-automatic rifle or magazine pursuant to the provisions of N.J.S.2C:39-12.
L.2018, c.39, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-20 - Registration of certain firearms.

2C:39-20 Registration of certain firearms.
7. a. A person who legally owns a firearm as set forth in paragraph (1) or (2) of this subsection prior to the effective date of P.L.2018, c.39 (C.2C:39-17 et al.) shall register that firearm within one year from the effective date:
(1) a firearm with a fixed magazine capacity holding up to 15 rounds which is incapable of being modified to accommodate 10 or less rounds; or
(2) a firearm which only accepts a detachable magazine with a capacity of up to 15 rounds which is incapable of being modified to accommodate 10 or less rounds.
b. In order to register the firearm pursuant to subsection a. of this section, the owner shall:
(1) complete a registration statement, in the form to be prescribed by the Superintendent of the State Police; and
(2) produce for inspection a valid firearms purchaser identification card, permit to carry a handgun, or permit to purchase a handgun.
c. The information provided in the registration statement established pursuant to subsection b. of this section shall include, but shall not be limited to: the name and address of the registrant; the number or numbers on the registrant's firearms purchaser identification card, permit to carry a handgun, or permit to purchase a handgun; and the make, model, and serial number of the firearm being registered. Each registration statement shall be signed by the registrant, and the signature shall constitute a representation of the accuracy of the information contained in the registration statement.
d. An applicant shall register the firearm in the law enforcement agency of the municipality in which the applicant resides or, if the municipality does not have a municipal law enforcement agency, any State Police station.
e. Within 60 days of the effective date of P.L.2018, c.39 (C.2C:39-17 et al.), the superintendent shall prepare the form of registration statement as described in subsection c. of this section and shall provide a suitable supply of statements to each organized full-time municipal police department and each State Police station.
f. One copy of the completed registration statement shall be returned to the registrant, a second copy shall be sent to the superintendent, and, if the registration takes place at a municipal police department, a third copy shall be retained by that municipal police department.
g. The heir or estate of an owner of a firearm which has been registered pursuant to this section shall within 90 days after the owner's death dispose of that firearm in accordance with section 5 of P.L.2018, c.39 (C.2C:39-19).
L.2018, c.39, s.7.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-21 - Prohibited firearm registration, liability; exceptions, certain.

2C:39-21 Prohibited firearm registration, liability; exceptions, certain.
2. a. A person who lawfully owned a center-fire rifle that is capable of firing a .50 BMG cartridge before the rifle was prohibited under the provisions of paragraph (5) of subsection c. of N.J.S.2C:39-1 by the enactment of P.L.2022, c.54 (C.2C:39-21 et al.) shall register that firearm within one year of the enactment of P.L.2022, c.54 (C.2C:39-21 et al.).
In order to register a prohibited firearm, the owner shall complete a registration statement, in the form to be prescribed by the Superintendent of State Police.
b. An applicant who resides in a municipality with an organized full-time police department shall register the firearm with the chief law enforcement officer of the municipality. All other applicants shall register the firearm with the Superintendent of State Police.
c. Within 60 days of the effective date of P.L.2022, c.54 (C.2C:39-21 et al.), the superintendent shall prepare the form of registration statement required under subsection a. of this section and shall provide a suitable supply of statements to each organized full-time municipal police department and each State Police station.
d. One copy of the completed prohibited firearm registration statement shall be returned to the registrant, a second copy shall be sent to the superintendent, and, if the registration takes place at a municipal police department, a third copy shall be retained by that municipal police department.
e. If the owner of a prohibited firearm that has been registered pursuant to this section dies, the owner's heirs or estate shall, within 90 days, dispose of that firearm in accordance with the provisions of section 3 of P.L.2022, c.54 (C. 2C:39-22).
f. If a prohibited firearm registered pursuant to this section is used in the commission of a crime, the registrant of that prohibited firearm shall be civilly liable for any damages resulting from that crime.
The liability imposed by this subsection shall not apply: (1) if the firearm used in the commission of that crime was stolen and the registrant reported the theft of the weapon to law enforcement authorities within 36 hours of discovering that the firearm was stolen; or (2) prior to the commission of the crime, the registrant lawfully transferred the firearm to another person.
g. The provisions of this paragraph shall not apply to any antique firearm, curio or relic, or weapon solely used to fire blank ammunition for the purpose of a living historical reenactment in accordance with the provisions of paragraph (5) of subsection c. of N.J.S.2C:39-1.
L.2022, c.54, s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:39-22 - Unregistered prohibited firearm, procedure; exceptions, certain.

2C:39-22 Unregistered prohibited firearm, procedure; exceptions, certain.
3. a. A person who lawfully owned a center-fire rifle that is capable of firing a .50 BMG cartridge prohibited under the provisions of paragraph (5) of subsection c. of N.J.S.2C:39-1 on the effective date of P.L.2022, c.54 (C.2C:39-21 et al.) and does not register it pursuant to section 2 of P.L.2022, c.54 (C.2C:39-21) may retain possession of that firearm for a period not to exceed one year from that effective date. During that time period, the owner of the prohibited firearm shall either:
(1) transfer the prohibited firearm to a person or firm lawfully entitled to own or possess such weapon;
(2) render the prohibited firearm inoperable; or
(3) voluntarily surrender the prohibited firearm pursuant to N.J.S.2C:39-12.
b. If the owner of the prohibited firearm elects to render the weapon inoperable, the owner shall file a certification on a form prescribed by the superintendent indicating the date on which the weapon was rendered inoperable. This certification shall be filed with either the chief law enforcement officer of the municipality in which the owner resides or, in the case of an owner who resides in a municipality which does not have a full-time police department, with the superintendent.
c. As used in this section, "inoperable" means that the firearm is altered in such a manner that it cannot be immediately fired and that the owner or possessor of the firearm does not possess or have control over the parts necessary to make the firearm operable.
d. The provisions of this paragraph shall not apply to any antique firearm, curio or relic, or weapon solely used to fire blank ammunition for purpose of a living historical reenactment in accordance with the provisions of paragraph (5) of subsection c. of N.J.S.2C:39-1.
L.2022, c.54, s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-1 - Creating a hazard

2C:40-1. Creating a hazard
A person is guilty of a disorderly persons offense when:
a. He maintains, stores or displays unattended in a place other than a permanently enclosed building or discards in any public or private place, including any junkyard, where it might attract children, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside, he fails to remove the door, lid, locking or fastening device;
b. Being the owner or otherwise having possession of property upon which an abandoned well or cesspool is located, he fails to cover the same with suitable protective construction; or
c. He discards or abandons in any public or private place accessible to children, whether or not such children are trespassers, any intact television picture tube, or being the owner, lessee or manager of such place, knowingly permits such abandoned or discarded television picture tube to remain there in such condition.
L.1978, c. 95, s. 2C:40-1, eff. Sept. 1, 1979.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-4 - Consent, sanction not available as defense.

2C:40-4 Consent, sanction not available as defense.
2. a. Notwithstanding any other provision of Title 2C of the New Jersey Statutes to the contrary, consent shall not be available as a defense to a prosecution under section 1 of P.L.1980, c.169 (C.2C:40-3).
b. It shall not be an affirmative defense to a prosecution under section 1 of P.L.1980, c.169 (C.2C:40-3) that the conduct in which the actor engaged was sanctioned or approved by a student or fraternal organization or an institution of higher education.
L.1980, c.169, s.2; amended 2021, c.208, s.8.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-5 - Conduct constituting offense may be prosecuted under other provisions of Title 2C

2C:40-5. Conduct constituting offense may be prosecuted under other provisions of Title 2C
Conduct constituting an offense under this Act may, at the discretion of the prosecuting attorney, be prosecuted under any other applicable provision of Title 2C of the New Jersey Statutes.
L.1980, c. 169, s. 3, eff. Dec. 18, 1980.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-6 - Definitions

2C:40-6. Definitions
As used in this act:
a. "Portable, oil-burning heating device" means any self-contained, self-supporting, oil-fueled heater not connected to a flue, equipped with an integral reservoir, and designed to be carried from one location to another.
b. "Oil" means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene.
L.1983, c. 438, s. 1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-7 - Portable, oil-burning heating devices; certificate of evaluation by test of safety prior to sale, offer for sale or use

2C:40-7. Portable, oil-burning heating devices; certificate of evaluation by test of safety prior to sale, offer for sale or use
A portable, oil-burning heating device shall not be sold, offered for sale, or used in this State unless a nationally recognized testing or inspection agency, such as but not limited to Underwriters' Laboratory, Inc.:
a. Has evaluated the portable, oil-burning heating device with respect to reasonably foreseeable hazards to life and property that it might cause;
b. Has found the portable, oil-burning heating device to be reasonably safe for its specific purpose;
c. Has shown the particular model of the portable, oil-burning heating device on a list of devices that have been evaluated according to the requirements of subsection a. of this section and found to be safe according to the requirements of subsection b. of this section;
d. Has accompanied the portable, oil-burning heating device with a certificate or with the mark, name, or symbol of the agency as an indication that it has been evaluated according to the requirements of subsection a. of this section, found safe according to the requirements of subsection b. of this section, and listed according to the requirements of subsection c. of this section. The certificate or the mark, name, or symbol of the agency must accompany the portable, oil-burning heating device at all times when it is sold, offered for sale, or used in this State.
L.1983, c. 438, s. 2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-8 - Label cautioning and informing user

2C:40-8. Label cautioning and informing user
A portable, oil-burning heating device shall not be sold, offered for sale, or used in this State unless a label is affixed to the device cautioning and informing the user concerning:
a. The amount and source of ventilation that is adequate when the device is in operation;
b. The type of fuel that should be used in the device;
c. The steps that should be followed in order to refuel the device safely;
d. The proper placement and handling of the device when it is in operation to prevent fire, burns, and other safety hazards;
e. The proper procedures for lighting the device and regulating and extinguishing the flame.
L.1983, c. 438, s. 3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-9 - Inclusion of instructions concerning proper and safe maintenance and operation

2C:40-9. Inclusion of instructions concerning proper and safe maintenance and operation
No portable, oil-burning heating device shall be sold or offered for sale in this State unless it is accompanied by instructions concerning its proper and safe maintenance and operation.
L.1983, c. 438, s. 4.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-10 - Construction requirements

2C:40-10. Construction requirements
No portable, oil-burning heating device shall be sold, offered for sale, or used in this State unless it is constructed with a low center of gravity and a minimum tipping angle of 33 degrees from the vertical with an empty reservoir.
L.1983, c. 438, s. 5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-11 - Automatic safety shut-off device or design feature to eliminate fire hazard in event of tipover

2C:40-11. Automatic safety shut-off device or design feature to eliminate fire hazard in event of tipover
No portable, oil-burning heating device shall be sold, offered for sale, or used in this State unless equipped with an automatic safety shut-off device or inherent design feature that eliminates fire hazards in the event of tipover.
L.1983, c. 438, s. 6.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-12 - Carbon monoxide limitations

2C:40-12. Carbon monoxide limitations
No portable, oil-burning heating device which, when operated according to the instructions that must accompany the heater as required by section 4 of this act, produces carbon monoxide at a rate that creates a hazard shall be sold, offered for sale, or used in this State.
L.1983, c. 438, s. 7.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-13 - Posting of sign at point of sale or display of prohibition of use in multiple dwellings or in residences in certain municipalities

2C:40-13. Posting of sign at point of sale or display of prohibition of use in multiple dwellings or in residences in certain municipalities
No portable, oil-burning heating device shall be sold or offered for sale in this State unless a conspicuous sign is posted at the point of sale and the point of display notifying a purchaser or potential purchaser that portable, oil-burning heating devices are prohibited for use in multiple dwellings in the State by regulations adopted pursuant to the "Hotel and Multiple Dwelling Law," P.L.1967, c. 76 (C. 55:13A-1 et seq.) and that certain municipalities in the State have adopted housing codes prohibiting the use of portable, oil-burning heating devices in residences within the municipality.
L.1983, c. 438, s. 8.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-14 - Regulations

2C:40-14. Regulations
Pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), the Commissioner of the Department of Community Affairs shall adopt regulations for the implementation and enforcement of this act.
L.1983, c. 438, s. 9.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-15 - Violations; petty disorderly persons offense

2C:40-15. Violations; petty disorderly persons offense
Any person who sells, offers for sale or uses any portable kerosene-burning heating device in violation of the provisions of this act is guilty of a petty disorderly persons offense. Each sale of a heater in violation of this act constitutes a separate offense.
L.1983, c. 438, s. 10.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-16 - Definitions.

2C:40-16 Definitions.
1. As used in this act:
a. "Cosmetic" means any substance or other device which is used for the treatment of the skin, hair or nails.
b. "Drug" means any over-the-counter or prescribed medicine.
c. "Food product" means anything sold for human consumption, and includes tobacco products.
d. "Tamper" means to adulterate a cosmetic, drug or food product by adding any poisonous, deleterious or noxious substance or diluent which may be injurious or detrimental to a person's health. "Tamper" includes the addition of any substance or diluent or both to a prescribed drug resulting in a reduction or increase of the strength of that drug without so being ordered by the prescriber. Any change in the strength of the prescribed drug must be noted on the medication or prescription label and if not so noted the drug shall be considered to have been tampered with and mislabeled.
L.1987, c.421, s.1; amended 2007, c.69, s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-17 - Tampering, degree of offense; sentencing requirements.

2C:40-17 Tampering, degree of offense; sentencing requirements.
2. a. Except as provided in subsection b. of this section, a person who knowingly tampers with a cosmetic, drug or food product is guilty of a crime of the third degree, except that nothing herein shall be deemed to preclude a charge for a greater crime under any other provision of Title 2C of the New Jersey Statutes.
b. A health care professional or his agent who is authorized to prescribe, dispense or administer medication who knowingly tampers with medicine prescribed for a person is guilty of a crime of the second degree, except that nothing herein shall be deemed to preclude a charge for a greater crime under any other provision of Title 2C of the New Jersey Statutes.
c. Notwithstanding the provisions of paragraph (2) of subsection a. of N.J.S.2C:43-6, any sentence imposed upon a health care professional or his agent pursuant to subsection b. of this section shall include a term of imprisonment. The court may not suspend or make any other noncustodial disposition of a person sentenced pursuant to the provisions of this subsection.
L.1987, c.421, s.2; amended 2007, c.69, s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-18 - Violation of law intended to protect public health and safety; grading

2C:40-18 Violation of law intended to protect public health and safety; grading
2. a. A person is guilty of a crime of the second degree if the person knowingly violates a law intended to protect the public health and safety or knowingly fails to perform a duty imposed by a law intended to protect the public health and safety and recklessly causes death.
b. A person is guilty of a crime of the third degree if the person knowingly violates a law intended to protect the public health and safety or knowingly fails to perform a duty imposed by a law intended to protect the public health and safety and recklessly causes serious bodily injury.
c. A person is guilty of a crime of the fourth degree if the person knowingly violates a law intended to protect the public health and safety or knowingly fails to perform a duty imposed by a law intended to protect the public health and safety and recklessly causes significant bodily injury.
L.1997,c.180,s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-19 - Consumer products; unauthorized writing, offense.

2C:40-19 Consumer products; unauthorized writing, offense.
1. a. Except as provided in subsection b. of this section, any person who stamps, prints, places or inserts any writing in or on a consumer product offered for sale or the box, package or other container containing the product is guilty of a disorderly persons offense.
b. This act shall not apply in any case where the owner or manager of the premises where the product is stored or sold; the product manufacturer; the authorized distributor or the retailer of the product consents to the placing or inserting of the writing.
c. As used in this act:
(1) "Writing" means any form of representation or communication, including handbills, notices or advertising, that contains letters, words or pictorial representations;
(2) "Consumer product" includes but is not limited to any cosmetic, drug or food product as defined in section 1 of P.L.1987, c.421 (C.2C:40-16) or any article, product or commodity which is customarily produced or distributed for use by individuals.
L.2000,c.153,s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-20 - Use of certain cable, wire devices; fourth degree crime

2C:40-20. Use of certain cable, wire devices; fourth degree crime
2. A person who uses any type of device, including but not limited to wire or cable, that is not a fence but is installed at a height under 10 feet from the ground, to indicate boundary lines or otherwise to divide, partition or segregate portions of real property, if the device is not readily visible or marked in such a way as to make it readily visible to persons who are pedestrians, equestrians, bicyclists or drivers of off-the-road vehicles and poses a risk of causing significant bodily injury to such persons, shall be guilty of a crime of the fourth degree. However, this section is not intended to apply to markers set by a licensed land surveyor, pursuant to existing statute.
L.2001,c.36,s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-21 - Tattooing of a minor; parental permission, required

2C:40-21. Tattooing of a minor; parental permission, required
1. A person commits a disorderly persons offense if he knowingly tattoos or engages in body piercing of a minor under the age of 18 years without first having obtained the written permission of the minor's parent or legal guardian or, if neither exists, a person who stands in place of a parent.
L.2001,c.190.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-23 - Production, delivery of ignition key, documentation required

2C:40-23. Production, delivery of ignition key, documentation required
1. a. No person shall produce and deliver an ignition key or other device designed to operate a lock or locks on a motor vehicle or start a motor vehicle to any person on the basis of a motor vehicle identification number without obtaining and making a record of:
(1) proof that the person requesting the ignition key or other device is the owner or lessee of the vehicle, or is a member of the same household as the owner or lessee of the vehicle, and which, at a minimum, shall include one of the following: a valid motor vehicle registration certificate, a valid insurance identification card, a valid insurance policy or a certificate of ownership; and
(2) identification of the person requesting the ignition key or other device, which identification shall include a photograph of the person.
b. The records made pursuant to the requirements of subsection a. of this section shall be retained for five years.
c. Nothing in this act shall be construed to deny a lessor or lienholder lawful access to a motor vehicle.
d. A person who violates any provision of this act shall be guilty of a disorderly persons offense, except that notwithstanding the provisions of subsection c. of N.J.S.2C:43-3, a fine of not more than $2,000 may be imposed.
L.2003,c.170.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-24 - "Traffic control preemption device" defined; possession, certain, unlawful, violations, penalties.

2C:40-24 "Traffic control preemption device" defined; possession, certain, unlawful, violations, penalties.
2. a. As used in this section:
"Traffic control preemption device" means an infrared transmitter or other device which transmits an infrared beam, radio wave or other signal designed to change, alter, or disrupt in any manner the normal operation of a traffic control signal.
b. It shall be unlawful for any person to knowingly possess a traffic control preemption device.
c. The provisions of this section shall not apply to (1) emergency services personnel which shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer, while in the actual performance of that person's official duties, or (2) an employee or agent of a traffic control preemption device manufacturer or retailer in the course of his employment in providing, selling, manufacturing, or transporting a traffic control preemption device to emergency services personnel listed in this subsection.
d. Any person violating the provisions of this section shall be subject to a civil penalty of up to $5,000. Any such civil penalty imposed may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section.
L.2005,c.96,s.2.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-25 - Persons permitted to dispense contact lenses; violations, fines, penalties.

2C:40-25 Persons permitted to dispense contact lenses; violations, fines, penalties.
3. a. No person shall dispense contact lenses in this State unless he is a licensed ophthalmic dispenser or person licensed to practice medicine or optometry in this State. For the purposes of this act, "contact lenses" shall include contact lenses without power, sometimes referred to as "plano" lenses.
b. Any person who dispenses contact lenses in violation of the provisions of this section is guilty of a crime in the fourth degree, provided, however, that the court shall:
(1) impose a fine of not less than $1,000 for a first offense;
(2) impose a fine of not less than $5,000 and require the performance of 40 hours of community service for a second offense; and
(3) impose a fine of not less than $10,000 and require the performance of 100 hours of community service for a third and each subsequent offense.
c. Upon conviction of a person under this section, the court shall authorize the appropriate law enforcement agency or officer to seize and destroy all contact lenses held or owned by, or under the control of, the convicted person, with the exception of any contact lenses which have been prescribed for his personal use and dispensed by a licensed ophthalmic dispenser or person licensed to practice medicine or optometry in this State.
d. Notwithstanding any other provision of law to the contrary, half of the fines imposed and collected under authority of law for any violation of this section shall be forwarded by the judge to whom the same have been paid to the financial officer of the county or municipality, as designated by the governing body of the respective county or municipality, for all violations occurring within their jurisdictions, provided the complaining witness was a law enforcement officer or other official of the county or municipality.
L.2005,c.262,s.3.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-26 - Operating motor vehicle during period of license suspension, fourth degree crime.

2C:40-26 Operating motor vehicle during period of license suspension, fourth degree crime.
1. a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
b. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
c. Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
L.2009, c.333, s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-26.1 - "School bus" defined, certain driver violations, third degree crime.

2C:40-26.1 "School bus" defined, certain driver violations, third degree crime.
1. a. For the purposes of this section, "school bus" shall have the meaning set forth in R.S.39:1-1.
b. A person, knowingly operating a school bus transporting one or more students, while that person's driving privileges have been suspended or revoked shall be guilty of a crime of the fourth degree.
c. A person, knowingly operating a school bus while that person's driving privileges have been suspended or revoked, who is involved in an accident resulting in bodily injury to another person shall be guilty of a crime of the third degree.
L.2017, c.347, s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-27 - Definitions relative to operation of unmanned aircraft systems.

2C:40-27 Definitions relative to operation of unmanned aircraft systems.
1. a. As used in this act:
"Operate" means to fly, control, direct, or program the flight of an unmanned aircraft system.
"Unmanned aircraft" means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
"Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently.
b. Except as otherwise prohibited by P.L.2017, c.315 (C.2C:40-27 et al.), a person who is authorized by federal law to operate an unmanned aircraft system may operate an unmanned aircraft system in this State for any purpose, provided that the person operates the unmanned aircraft system in a manner consistent with applicable federal law and regulations. Nothing in this section shall be construed to affect federal preemption of State law regarding aviation.
For purposes of this subsection, "person" means an individual, partnership, corporation, association, governmental entity, or other legal or commercial entity.
c. An owner or operator of a critical infrastructure, including a political subdivision, may apply to the Administrator of the Federal Aviation Administration, pursuant to section 2209 of the "FAA Extension, Safety, and Security Act of 2016," Pub.L.114-190, in order to prohibit or restrict the operation of unmanned aircraft systems in close proximity to the critical infrastructure.
Prior to applying to the Administrator of the Federal Aviation Administration to prohibit or restrict the operation of unmanned aircraft systems in close proximity to a critical infrastructure, a political subdivision shall hold a minimum of one public hearing, with adequate notice to the public, concerning the proposed application.
L.2017, c.315, s.1.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-29 - Provisions preempt existing laws.

2C:40-29 Provisions preempt existing laws.
5. The provisions of P.L.2017, c.315 (C.2C:40-27 et al.) shall preempt any law, ordinance, resolution, or regulation adopted by the governing body of a county or municipality concerning the private use of an unmanned aircraft system that is inconsistent with the provisions of this act.
L.2017, c.315, s.5.
2023 New Jersey Revised Statutes › Title 2C - The New Jersey Code of Criminal Justice › Section 2C:40-30 - Authorized use permitted.

2C:40-30 Authorized use permitted.
6. Nothing in P.L.2017, c.315 (C.2C:40-27 et al.) shall prohibit the authorized use, in compliance with applicable federal rules and regulations, of an unmanned aircraft system by a public employee or a public entity, or by a first responder in the performance of official duties.
For purposes of this section "first responder" means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance.
L.2017, c.315, s.6.