2C:21-2.1 Offenses involving false
government documents, degree of crime.
1. a. A person who
knowingly sells, offers or exposes for sale, or otherwise transfers, or
possesses with the intent to sell, offer or expose for sale, or otherwise
transfer, a document, printed form or other writing which falsely purports to
be a driver's license, birth certificate or other document issued by a
governmental agency and which could be used as a means of verifying a person's
identity or age or any other personal identifying information is guilty of a
crime of the second degree.
b.A person who knowingly
makes, or possesses devices or materials to make, a document or other writing
which falsely purports to be a driver's license, birth certificate or other
document issued by a governmental agency and which could be used as a means of
verifying a person's identity or age or any other personal identifying
information is guilty of a crime of the second degree.
c.A person who knowingly
exhibits, displays or utters a document or other writing which falsely purports
to be a driver's license, birth certificate or other document issued by a
governmental agency and which could be used as a means of verifying a person's
identity or age or any other personal identifying information is guilty of a
crime of the third degree. A violation of N.J.S.2C:28-7, constituting a
disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15),
R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the
person uses the personal identifying information of another to illegally
purchase an alcoholic beverage or for using the personal identifying
information of another to misrepresent his age for the purpose of obtaining
tobacco or other consumer product denied to persons under 18 years of age shall
not constitute an offense under this subsection if the actor received only that
benefit or service and did not perpetrate or attempt to perpetrate any
additional injury or fraud on another.
d.A person who knowingly
possesses a document or other writing which falsely purports to be a driver's
license, birth certificate or other document issued by a governmental agency
and which could be used as a means of verifying a person's identity or age or
any other personal identifying information is guilty of a crime of the fourth
degree. A violation of N.J.S.2C:28-7, constituting a disorderly persons
offense, section 1 of P.L.1979, c.264 (C.2C:33-15), R.S.33:1-81 or section 6 of
P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal
identifying information of another to illegally purchase an alcoholic beverage
or for using the personal identifying information of another to misrepresent
his age for the purpose of obtaining tobacco or other consumer product denied
to persons under 18 years of age shall not constitute an offense under this
subsection if the actor received only that benefit or service and did not perpetrate
or attempt to perpetrate any additional injury or fraud on another.
e.In addition to any other
disposition authorized by this Title, the provisions of section 24 of P.L.1982,
c.77 (C.2A:4A-43), or any other statute indicating the dispositions that may be
ordered for an adjudication of delinquency, and, notwithstanding the provisions
of subsection c. of N.J.S.2C:43-2, every person convicted of or adjudicated
delinquent for a violation of any offense defined in this section shall
forthwith forfeit his right to operate a motor vehicle over the highways of
this State for a period to be fixed by the court at not less than six months or
more than two years which shall commence on the day the sentence is
imposed. In the case of any person who at the time of the imposition of
the sentence is less than 17 years of age, the period of the suspension of
driving privileges authorized herein, including a suspension of the privilege
of operating a motorized bicycle, shall commence on the day the sentence is
imposed and shall run for a period as fixed by the court of not less than six
months or more than two years after the day the person reaches the age of 17
years. If the driving privilege of any person is under revocation,
suspension, or postponement for a violation of any provision of this Title or
Title 39 of the Revised Statutes at the time of any conviction or adjudication
of delinquency for a violation of any offense defined in this chapter or
chapter 36 of this Title, the revocation, suspension, or postponement period
imposed herein shall commence as of the date of termination of the existing
revocation, suspension or postponement.
The court before whom
any person is convicted of or adjudicated delinquent for a violation of any
offense defined in this section shall collect forthwith the New Jersey driver's
license or licenses of that person and forward the license or licenses to the Chief
Administrator of the New Jersey Motor Vehicle Commission along with a report
indicating the first and last day of the suspension or postponement period
imposed by the court pursuant to this section. If the court is for any
reason unable to collect the license or licenses of the person, the court shall
cause a report of the conviction or adjudication of delinquency to be filed
with the director. The report shall include the complete name, address,
date of birth, eye color and sex of the person and shall indicate the first and
last day of the suspension or postponement period imposed by the court pursuant
to this section. The court shall inform the person orally and in writing
that if the person is convicted of personally operating a motor vehicle during
the period of license suspension or postponement imposed pursuant to this
section, the person shall, upon conviction, be subject to the penalties set
forth in R.S.39:3-40. A person shall be required to acknowledge receipt
of the written notice in writing. Failure to receive a written notice or
failure to acknowledge in writing the receipt of a written notice shall not be
a defense to a subsequent charge of a violation of R.S.39:3-40. If the
person is the holder of a driver's license from another jurisdiction, the court
shall not collect the license, but shall notify forthwith the director who
shall notify the appropriate officials in that licensing jurisdiction.
The court shall, however, in accordance with the provisions of this section,
revoke the person's non-resident driving privileges in this State.
In addition to any other
condition imposed, a court, in its discretion, may suspend, revoke or postpone
the driving privileges of a person admitted to supervisory treatment under
N.J.S.2C:36A-1 or N.J.S.2C:43-12 without a plea of guilty or finding of guilt.