Expungement 2C:52-1 Erase Criminal Arrests

2C:39-1 Definition of Firearm in NJ .2C:39-1 f.

2C:39-1   Definition of Firearm in NJ .2C:39-1 f."Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.  It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.

2C:28-7a2 Tampering with public records or information

2C:28-7a2 Tampering with public records or information
 Tampering with public records or information. a.  Offense defined.    A person commits an offense if he:

(1)Knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government;

(2)Makes, presents, offers for filing, or uses any record, document or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or records referred to in paragraph (1);  or

(3)Purposely and unlawfully destroys, conceals, removes, mutilates, or otherwise impairs the verity or availability of any such record, document or thing.

b.Grading.    An offense under subsection a. is a disorderly persons offense unless the actor's purpose is to defraud or injure anyone, in which case the offense is a crime of the third degree.

c.A person commits a crime of the fourth degree if he purposely and unlawfully alters, destroys, conceals, removes or disables any camera or other monitoring device including any videotape, film or other medium used to record sound or images that is  installed in a patrol vehicle.

2C:21-1 Forgery and Related Offenses

2C:21-1  Forgery and Related Offenses
a.Forgery.  A person is guilty of forgery if, with purpose to defraud  or injure anyone, or with knowledge that he is facilitating a fraud or injury  to be perpetrated by anyone, the actor:

(1)Alters or changes any writing of another without his authorization;

(2)Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that  act or of a fictitious person, or to have been executed at a time or place or  in a numbered sequence other than was in fact the case, or to be a copy of an  original when no such original existed;  or

(3)Utters any writing which he knows to be forged in a manner specified in  paragraph (1) or (2).

"Writing" includes printing or any other method of recording information,  money, coins, tokens, stamps, seals, credit cards, badges, trademarks, access devices, and  other symbols of value, right, privilege, or identification, including retail sales receipts, universal product code (UPC) labels and checks.  This section shall apply without limitation to forged, copied or imitated checks.

As used in this section, "information" includes, but is not limited to, personal identifying information as defined in subsection v. of N.J.S.2C:20-1.

b.Grading of forgery.  Forgery is a crime of the third degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments, certificates or licenses issued by the government, New Jersey Prescription Blanks as referred to in R.S.45:14-14, or part of an issue of stock, bonds or other instruments representing interest in or claims against any property or enterprise, personal identifying information or an access device. Forgery is a crime of the third degree if the writing is or purports to be a check. Forgery is a crime of the third degree  if the writing is or purports to be 15 or more forged or altered retail sales receipts or universal product code labels.

Otherwise forgery is a crime of the fourth degree.

c.Possession of forgery devices.  A person is guilty of possession of  forgery devices, a crime of the third degree, when with purpose to use, or to aid or permit another to use the same for purposes of forging written instruments, including access devices and personal identifying information, he makes or possesses any device, apparatus, equipment, computer, computer equipment, computer software or article specially designed or adapted to such use.

2C:20-3 . Theft by unlawful taking or disposition

2C:20-3 .  Theft by unlawful taking or disposition
      a.  Movable property.    A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

      b.  Immovable property.    A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit  himself or another not entitled thereto.

2C:13-5 . Criminal coercion

2C:13-5 .  Criminal coercion
      a.  Offense defined.    A person is guilty of criminal coercion if, with purpose unlawfully to restrict another's freedom of action to engage or refrain  from engaging in conduct, he threatens to:

    (1) Inflict bodily injury on anyone or commit any other offense;

     (2) Accuse anyone of an offense;

     (3) Expose any secret which would tend to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;

     (4) Take or withhold action as an official, or cause an official to take or  withhold action;

     (5) Bring about or continue a strike, boycott or other collective action, except that such a threat shall not be deemed coercive when the restriction compelled is demanded in the course of negotiation for the benefit of the group  in whose interest the actor acts;

    (6) Testify or provide information or withhold testimony or information with  respect to another's legal claim or defense;  or

    (7) Perform any other act which would not in itself substantially benefit the actor but which is calculated to substantially harm another person with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

    It is an affirmative defense to prosecution based on paragraphs (2), (3), (4), (6) and (7) that the actor believed the accusation or secret to be true or  the proposed official action justified and that his purpose was limited to compelling the other to behave in a way reasonably related to the circumstances  which were the subject of the accusation, exposure or proposed official action,  as by desisting from further misbehavior, making good a wrong done, or  refraining from taking any action or responsibility for which the actor  believes the other disqualified.

      b.  Grading.    Criminal coercion is a crime of the fourth degree unless the threat is to commit a crime more serious than one of the fourth degree or the actor's purpose is criminal, in which cases the offense is a crime of the third degree.

2C:20-25 Computer criminal activity; degree of crime;

2C:20-25   Computer criminal activity; degree of crime; sentencing.

4.A person is guilty of computer criminal activity if the person purposely or knowingly and without authorization, or in excess of authorization:

a.Accesses any data, data base, computer storage medium, computer program, computer software, computer equipment, computer, computer system or computer network;

b.Alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer system or computer network, or denies, disrupts or impairs computer services, including access to any part of the Internet, that are available to any other user of the computer services;

c.Accesses or attempts to access any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property, personal identifying information, or money, from the owner of a computer or any third party;

d. (Deleted by amendment, P.L.2003, c.39).

e.Obtains, takes, copies or uses any data, data base, computer program, computer software, personal identifying information, or other information stored in a computer, computer network, computer system, computer equipment or computer storage medium; or

f.Accesses and recklessly alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network.

g.A violation of subsection a. of this section is a crime of the third degree.  A violation of subsection b. is a crime of the second degree.  A violation of subsection c. is a crime of the third degree, except that it is a crime of the second degree if the value of the services, property, personal identifying information, or money obtained or sought to be obtained exceeds $5,000.  A violation of subsection e. is a crime of the third degree, except that it is a crime of the second degree if the data, data base, computer program, computer software, or information:

(1)is or contains personal identifying information, medical diagnoses, treatments or other medical information concerning an identifiable person;

(2)is or contains governmental records or other information that is protected from disclosure by law, court order or rule of court; or

(3)has a value exceeding $5,000.

A violation of subsection f. is a crime of the fourth degree, except that it is a crime of the third degree if the value of the damage exceeds $5,000.

A violation of any subsection of this section is a crime of the first degree if the offense results in:

(1)a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service.  The term "substantial interruption or impairment" shall mean such interruption or impairment that:

(a)affects 10 or more structures or habitations;

(b)lasts for two or more hours; or

(c)creates a risk of death or significant bodily injury to any person;

(2)damages or loss in excess of $250,000; or

(3)significant bodily injury to any person.

Every sentence of imprisonment for a crime of the first degree committed in violation of this section shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.

h.Every sentence imposed upon a conviction pursuant to this section shall, if the victim is a government agency, include a period of imprisonment. The period of imprisonment shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.  The victim shall be deemed to be a government agency if a computer, computer network, computer storage medium, computer system, computer equipment, computer program, computer software, computer data or data base that is a subject of the crime is owned, operated or maintained by or on behalf of a governmental agency or unit of State or local government or a public authority.  The defendant shall be strictly liable under this subsection and it shall not be a defense that the defendant did not know or intend that the victim was a government agency, or that the defendant intended that there be other victims of the crime.

A violation of any subsection of this section shall be a distinct offense from a violation of any other subsection of this section, and a conviction for a violation of any subsection of this section shall not merge with a conviction for a violation of any other subsection of this section or section 10 of P.L.1984, c.184 (C.2C:20-31), or for conspiring or attempting to violate any subsection of this section or section 10 of P.L.1984, c.184 (C.2C:20-31), and a separate sentence shall be imposed for each such conviction.

When a violation of any subsection of this section involves an offense committed against a person under 18 years of age, the violation shall constitute an aggravating circumstance to beconsidered by the court when determining the appropriate sentence to be imposed.