Thursday, August 26, 2021

App.A :9-50 . Aiding or abetting violation

 App.A :9-50 .  Aiding or abetting violation

    Any person who shall knowingly aid or abet another in the violation of any provision of this act shall also be adjudged a disorderly person and punishable  in the same manner as the violation aided or abetted.

    L.1942, c. 251, p. 688, s. 18.

 

 

App.A :9-49.  Violations as disorderly conduct;  penalty;  prosecution

    Any person who shall:

    a.  Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger in any emergency that jeopardizes the health, welfare and safety of the people;  or

    b.  Commit any unauthorized or otherwise unlawful act during the threat or imminence of danger during any emergency that contributes to the loss of or destruction to property;  or

    c.  Hamper, impede, or in any way interfere with any person who is performing any function authorized under this act;  or

    d.  Drive any motor vehicle in a prohibited area during a black-out or while  an air raid alert is in progress or in any other manner contrary to the rules  and regulations covering any period of danger or any emergency; or

    e.  Go within a prohibited area contrary to rules and regulations;  or

    f.  Refuse to obey the lawful orders of any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or  function during the threat or imminence of danger or any emergency;  or

    g.  Refuse to cooperate with any air raid warden, civilian protection worker, or other person who is duly authorized to perform any act or function in connection with activities during the threat or imminence of danger or any emergency;  or

    h.  Violate any order, rule or regulation adopted by the Governor and promulgated as provider by this act;  or

    i.  Violate any other provision of this act declared herein to be unlawful--shall be adjudged a disorderly person and shall be subject to imprisonment for a term not to exceed 6 months or shall pay a fine not to exceed $1,000.00 or to both a fine and imprisonment, in the discretion of the court.

    Prosecution for the imposition of a penalty pursuant to this section shall be commenced in the municipal court of the municipality wherein the offense is alleged to have occurred.  The State shall be required to prove all elements of  the offense beyond a reasonable doubt in order to obtain a conviction.

    L.1942, c. 251, p. 687, s. 17.  Amended by L.1953, First Sp.Sess., c. 438, p.  2412, s. 21;  L.1982, c. 108, s. 1, eff. Aug. 4, 1982.

Aiding and abetting requires “active and purposeful conduct.”  Cicchetti v. Morris County Sheriff’s Office, 194 N.J. 563, 595 (2008).

 

Aiding and Abetting. In aiding and abetting cases, the underlying offense has to be completed and the accused needs to take some substantive step toward the completion of the crime. In a conspiracy case the crime does not have to be completed. An aidor and abettor can be liable as a principal, and so can a conspirator.