Chapter 11

Homicide/Murder/
Manslaughter/
Death by Auto

Search:

TITLE	STATUTE	DEGREE	ECDR
Murder (purposely)	2C: 11-3a(1)	1ST	"within the jurisdiction of this court, purposely cause (1) of (name of victim), specifically by in violation of N.J.S. 2C:11-3a(1) (A First Degree Crime). 1. a. the death b. serious bodily injury resulting in the death"
Murder (knowingly)	2C: 11-3a(2)	1ST	"within the jurisdiction of this court, knowingly cause (1) of (name of victim), specifically by in violation of N.J.S. 2C:11-3a(2) (A First Degree Crime). 1. a. the death b. serious bodily injury resulting in the death"
Murder (caused by self)	2C: 11-3a(3)	1ST	"within the jurisdiction of this court, cause the death of (name of victim) while engaged in (1) (2) , specifically by in violation of N.J.S. 2C:11-3a(3) (A First Degree Crime). 1. a. the commission of or an attempt to commit b. flight after committing or attempting to commit 2. a. robbery b. sexual assault c. arson d. burglary e. kidnapping f. carjacking g. criminal escape h. terrorism"
Murder (caused by another during crime)	2C: 11-3a(4)	1ST	"within the jurisdiction of this court, engage in (1) (2) with (name of other person(s)), during which the death of (name of victim) occurred, specifically by in violation of N.J.S. 2C:11-3a(3) (A First Degree Crime). 1. a. the commission of or an attempt to commit b. flight after committing or attempting to commit 2. a. robbery b. sexual assault c. arson d. burglary e. kidnapping f. carjacking g. criminal escape h. terrorism"
Manslaughter (aggravated)	2C: 11-4a(1)	1ST	"within the jurisdiction of this court, recklessly cause the death of (name of victim) under circumstances manifesting extreme indifference to human life, specifically by in violation of N.J.S. 2C:11-4a(1) (A First Degree Crime)."
Manslaughter (aggravated-eluding)	2C: 11-4a(2)	1ST	"within the jurisdiction of this court, cause the death of (name of victim) while fleeing or attempting to elude a law enforcement officer, specifically by in violation of N.J.S. 2C:11-4a(2) (A First Degree Crime)."
Manslaughter (recklessly caused)	2C: 11-4b(1)	2ND	"within the jurisdiction of this court, recklessly cause the death of (name of victim), specifically by in violation of N.J.S. 2C:11-4b(1) (A Second Degree Crime)."
Manslaughter (heat of passion)	2C: 11-4b(2)	2ND	"within the jurisdiction of this court, purposely or knowingly cause the death of (name of victim) in the heat of passion resulting from a reasonable provocation, specifically by in violation of N.J.S. 2C:11-4b(2) (A Second Degree Crime)."
Death by Auto or Vessel (vehicular homicide)	2C: 11-5a	2ND	"within the jurisdiction of this court, commit vehicular homicide by operating a (1) recklessly and caused the death of (name of victim), specifically by in violation of N.J.S. 2C:11-5a (A Second Degree Crime). 1. a. vehicle b. vessel"
Death by Auto or Vessel (under the influence)	2C:11-5b(1)	2ND	"within the jurisdiction of this court, commit vehicular homicide by operating a (1) under the influence of (2) and caused the death of (name of victim), specifically by in violation of N.J.S. 2C:11-5b(1) (A Second Degree Crime). 1. a. vehicle b. vessel 2. a. an intoxicating liquor with a blood alcohol concentration at (list the level) b. a narcotic c. a hallucinogenic or habit producing drug"
Death by Auto or Vessel (with suspended or revoked license)	2C:11-5b(1)	2ND	"within the jurisdiction of this court, commit vehicular homicide by operating a (1) while his/her license was (2) (3) and caused the death of (name of victim), specifically by in violation of N.J.S. 2C:11-5b(1) (A Second Degree Crime). 1. a. vehicle b. vessel 2. a. suspended b. revoked 3. a. for a violation of R.S. 39:4-50 b. for a violation of section 2 of P.L. 1981, c. 512 (C. 39:4-50.4a) c. by the Director of The Motor Vehicle Commission pursuant to P.L. 1982, c. 85(C. 39:5-30a et seq.) d. by the court for a violation of R.S. 39:4-96"
Death by Auto or Vessel (with suspended or revoked license)	2C:11-5b(3)a	1ST	"within the jurisdiction of this court, commit vehicular homicide by operating a (1) while in violation of (2) while on school property used for school purposes which is owned by or leased to any elementary or secondary school or school board and caused the death of (name of victim), specifically by in violation of N.J.S. 2C:11-5b(3)a (A First Degree Crime). 1. a. vehicle b. vessel 2. a. R.S. 39:4-50 b. section 2 of P.L. 1981, c. 512 (C. 39:4-50.4a)"
Death by Auto or Vessel (with suspended or revoked license)	2C:11-5b(3)b	1ST	"within the jurisdiction of this court, commit vehicular homicide by operating a (1) while in violation of (2) while driving through a school crossing and caused the death of (name of victim), specifically by in violation of N.J.S. 2C:11-5b(3)b (A First Degree Crime). 1. a. vehicle b. vessel 2. a. R.S. 39:4-50 b. section 2 of P.L. 1981, c. 512 (C. 39:4-50.4a)"
Death by Auto or Vessel (with suspended or revoked license)	2C:11-5b(3)ac	1ST	"within the jurisdiction of this court, commit vehicular homicide by operating a (1) while in violation of (2) while driving through a school crossing knowing that juveniles are present and caused the death of (name of victim), specifically by in violation of N.J.S. 2C:11-5b(3)c (A First Degree Crime). 1. a. vehicle b. vessel 2. a. R.S. 39:4-50 b. section 2 of P.L. 1981, c. 512 (C. 39:4-50.4a) "
Knowingly leaving scene of motor vehicle accident resulting in death	2C: 11-5.1	2ND	"within the jurisdiction of this court, while knowingly involved in an accident as the operator of a motor vehicle, knowingly leave the scene of the accident which resulted in the death of (name of victim), specifically by in violation of N.J.S. 2C:11-5.1 (A Second Degree Crime)."

Showing entries (filtered from total entries)

2C: 11-2

Criminal Homicide

a. A person is guilty of criminal homicide if he purposely, knowingly, recklessly or, under the circumstances set forth in section 2C:11-5, causes the death of another human being.

b. Criminal homicide is murder, manslaughter or death by auto.

L.1978, c. 95, s. 2C:11-2, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 20, eff. Sept. 1, 1979.

2C: 11-3

Murder

a. Except as provided in N.J.S.2C:11-4, criminal homicide constitutes murder when:

(1) The actor purposely causes death or serious bodily injury resulting in death; or

(2) The actor knowingly causes death or serious bodily injury resulting in death; or

(3) It is committed when the actor, acting either alone or with one or more other persons, is engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape or terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2), and in the course of such crime or of immediate flight therefrom, any person causes the death of a person other than one of the participants; except that in any prosecution under this subsection, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:

(a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and

(b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and

(c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and

(d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

b. (1) Murder is a crime of the first degree but a person convicted of murder shall be sentenced, except as provided in paragraphs (2), (3) and (4) of this subsection, by the court to a term of 30 years, during which the person shall not be eligible for parole, or be sentenced to a specific term of years which shall be between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole.

(2) If the victim was a law enforcement officer and was murdered while performing his official duties or was murdered because of his status as a law enforcement officer, the person convicted of that murder shall be sentenced by the court to a term of life imprisonment, during which the person shall not be eligible for parole.

(3) A person convicted of murder shall be sentenced to a term of life imprisonment without eligibility for parole if the murder was committed under all of the following circumstances:

(a) The victim is less than 14 years old; and

(b) The act is committed in the course of the commission, whether alone or with one or more persons, of a violation of N.J.S.2C:14-2 or N.J.S.2C:14-3.

(4) Any person convicted under subsection a.(1) or (2) who committed the homicidal act by his own conduct; or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value; or who, as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, commanded or by threat or promise solicited the commission of the offense, or, if the murder occurred during the commission of the crime of terrorism, any person who committed the crime of terrorism, shall be sentenced by the court to life imprisonment without eligibility for parole, which sentence shall be served in a maximum security prison, if a jury finds beyond a reasonable doubt that any of the following aggravating factors exist:

(a) The defendant has been convicted, at any time, of another murder. For purposes of this section, a conviction shall be deemed final when sentence is imposed and may be used as an aggravating factor regardless of whether it is on appeal;

(b) In the commission of the murder, the defendant purposely or knowingly created a grave risk of death to another person in addition to the victim;

(c) The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated assault to the victim;

(d) The defendant committed the murder as consideration for the receipt, or in expectation of the receipt of anything of pecuniary value;

(e) The defendant procured the commission of the murder by payment or promise of payment of anything of pecuniary value;

(f) The murder was committed for the purpose of escaping detection, apprehension, trial, punishment or confinement for another offense committed by the defendant or another;

(g) The murder was committed while the defendant was engaged in the commission of, or an attempt to commit, or flight after committing or attempting to commit murder, robbery, sexual assault, arson, burglary, kidnapping, carjacking or the crime of contempt in violation of subsection b. of N.J.S.2C:29-9;

(h) The defendant murdered a public servant, as defined in N.J.S.2C:27-1, while the victim was engaged in the performance of his official duties, or because of the victim's status as a public servant;

(i) The defendant: (i) as a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 and in furtherance of a conspiracy enumerated in N.J.S.2C:35-3, committed, commanded or by threat or promise solicited the commission of the murder or (ii) committed the murder at the direction of a leader of a narcotics trafficking network as defined in N.J.S.2C:35-3 in furtherance of a conspiracy enumerated in N.J.S.2C:35-3;

(j) The homicidal act that the defendant committed or procured was in violation of paragraph (1) of subsection a. of N.J.S.2C:17-2;

(k) The victim was less than 14 years old; or

(l) The murder was committed during the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2).

(5) A juvenile who has been tried as an adult and convicted of murder shall be sentenced pursuant to paragraph (1), (2) or (3) of this subsection.

c. (Deleted by amendment, P.L.2007, c.204).

d. (Deleted by amendment, P.L.2007, c.204).

e. (Deleted by amendment, P.L.2007, c.204).

f. (Deleted by amendment, P.L.2007, c.204).

g. (Deleted by amendment, P.L.2007, c.204).

h. (Deleted by amendment, P.L.2007, c.204).

i. For purposes of this section the term "homicidal act" shall mean conduct that causes death or serious bodily injury resulting in death.

j. In a sentencing proceeding conducted pursuant to this section, the display of a photograph of the victim taken before the homicide shall be permitted.

Amended 1979, c.178, s.21; 1981, c.290, s.12; 1982, c.111, s.1; 1985, c.178, s.2; 1985, c.478; 1992, c.5; 1992, c.76; 1993, c.27; 1993, c.111; 1993, c.206; 1994, c.132; 1995, c.123; 1996, c.115, s.1; 1997, c.60, s.1; 1998, c.25; 1999, c.209; 1999, c.294, s.1; 2000, c.88; 2002, c.26, s.10; 2007, c.204, s.1.

2C: 11-4

Manslaughter

a. Criminal homicide constitutes aggravated manslaughter when:

(1) The actor recklessly causes death under circumstances manifesting extreme indifference to human life; or

(2) The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2. Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 which resulted in the death of another person. As used in this paragraph, "actor" shall not include a passenger in a motor vehicle.

b. Criminal homicide constitutes manslaughter when:

(1) It is committed recklessly; or

(2) A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation.

c. Aggravated manslaughter under paragraph (1) of subsection a. of this section is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. Aggravated manslaughter under paragraph (2) of subsection a. of this section is a crime of the first degree. Manslaughter is a crime of the second degree.

L.1978, c.95; amended 1979, c.178, s.21A; 1981, c.290, s.13; 1986, c.172, s.1; 1991, c.341, s.1; 2001, c.412.

2C: 11-5

Death by Auto or Vessel

a. Criminal homicide constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly.

Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Proof that the defendant was driving while intoxicated in violation of R.S.39:4-50 or was operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46) shall give rise to an inference that the defendant was driving recklessly. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly. Nothing in this section shall be construed to in any way limit the conduct or conditions that may be found to constitute driving a vehicle or vessel recklessly.

b. Except as provided in paragraph (3) of this subsection, vehicular homicide is a crime of the second degree.

(1) If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the prohibited level as prescribed in R.S.39:4-50, or if the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), by the Director of the Division of Motor Vehicles pursuant to P.L.1982, c.85 (C.39:5-30a et seq.), or by the court for a violation of R.S.39:4-96, the defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, during which the defendant shall be ineligible for parole.

(2) The court shall not impose a mandatory sentence pursuant to paragraph (1) of this subsection unless the grounds therefor have been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the level prescribed in R.S.39:4-50 or that the defendant was operating the auto or vessel while his driver's license or reciprocity privilege was suspended or revoked for any violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), by the Director of the Division of Motor Vehicles pursuant to P.L.1982, c.85 (C.39:5-30a et seq.), or by the court for a violation of R.S.39:4-96. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.

(3) Vehicular homicide is a crime of the first degree if the defendant was operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of this paragraph that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

(4) If the defendant was operating the auto or vessel in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the defendant's license to operate a motor vehicle shall be suspended for a period of between five years and life, which period shall commence upon completion of any prison sentence imposed upon that person.

c. For good cause shown, the court may, in accepting a plea of guilty under this section, order that such plea not be evidential in any civil proceeding.

d. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for aggravated manslaughter under the provisions of subsection a. of N.J.S.2C:11-4.

As used in this section, "auto or vessel" means all means of conveyance propelled otherwise than by muscular power.

e. Any person who violates paragraph (3) of subsection b. of this section shall forfeit the auto or vessel used in the commission of the offense, unless the defendant can establish at a hearing, which may occur at the time of sentencing, by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information. Forfeiture pursuant to this subsection shall be in addition to, and not in lieu of, civil forfeiture pursuant to chapter 64 of this title.

amended 1981, c.312, s.1; 1983, c.39; 1984, c.212; 1985, c.97, s.1; 1988, c.75, s.1; 1989, c.211; 1991, c.237, s.1; 1995, c.285; 1999, c.185, s.1; 2003, c.143; 2012, c.22, s.1.

2C: 11A-1

Cloning of human being

A person who knowingly engages or assists, directly or indirectly, in the cloning of a human being is guilty of a crime of the first degree.

As used in this section, "cloning of a human being" means the replication of a human individual by cultivating a cell with genetic material through the egg, embryo, fetal and newborn stages into a new human individual.

L.2003,c.203,s.3.

Disclaimer: These codes may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to. Please check official sources.

‌

AI Website Software