2C:21-27. Degrees of offense; penalties; nonmerger.
5.
a. The offense defined in subsections a. b. and c. of section 3 of
P.L.1994, c.121 (C.2C:21-25) constitutes a crime of the first degree if
the amount involved is $500,000.00 or more. If the amount involved is
at least $75,000.00 but less than $500,000.00 the offense constitutes a
crime of the second degree; otherwise, the offense constitutes a crime
of the third degree. The offense defined in subsection e. of section 3
of P.L.1994, c.121 (C.2C:21-25) constitutes a crime of the third
degree. Notwithstanding the provisions of N.J.S.2C:43-3, the court may
also impose a fine up to $500,000.00. The amount involved in a
prosecution for violation of this section shall be determined by the
trier of fact. Amounts involved in transactions conducted pursuant to
one scheme or course of conduct may be aggregated in determining the
degree of the offense. Notwithstanding the provisions of paragraph (1)
of subsection a. of N.J.S.2C:43-6, a person convicted of a crime of the
first degree pursuant to the provisions of this subsection shall be
sentenced to a term of imprisonment that shall include the imposition of
a minimum term which shall be fixed at, or between, one-third and
one-half of the sentence imposed, during which time the defendant shall
not be eligible for parole.
b.In
addition to any other dispositions authorized by this Title, upon
conviction of a violation of this section, the court may sentence the
defendant to pay an amount as calculated pursuant to subsection a. of
section 6 of P.L.1994, c.121 (C.2C:21-28).
c.Notwithstanding
N.J.S.2C:1-8 or any other provision of law, a conviction of an offense
defined in this section shall not merge with the conviction of any other
offense constituting the criminal activity involved or from which the
property was derived, and a conviction of any offense constituting the
criminal activity involved or from which the property was derived shall
not merge with a conviction of an offense defined in section 3 of
P.L.1994, c.121 (C.2C:21-25), and the sentence imposed upon a conviction
of any offense defined in section 3 of P.L.1994, c.121 (C.2C:21-25)
shall be ordered to be served consecutively to that imposed for a
conviction of any offense constituting the criminal activity involved or
from which the property was derived. Nothing in P.L.1994, c.121
(C.2C:21-23 et seq.) shall be construed in any way to preclude or limit a
prosecution or conviction for any other offense defined in this Title
or any other criminal law of this State.
L.1994,c.121,s.5; amended 1999, c.25, s.4; 2002, c.26, s.15.