Criminal, DWI and Motor Vehicle Laws in NJ
We've gathered the following NJ laws and statutes for you under New Jersey and applicable United States law. If you are faced with a criminal charge, violation, or ticket, these laws will detail the offense you are facing and how New Jersey gun laws, criminal statutes, and motor vehicle regulations are applied and enforced. Many of these laws are investigated or enforced by local police departments, the New Jersey State Police, or municipal authorities.
We have grouped the laws in categories of common offenses, each linking to the individual statutes. If you are interested in finding out more on how to get your criminal history expunged, please see the NJ statutes that cover expungement of criminal records, which may involve review by the Superior Court.
NJ Criminal Offenses
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- Simple Assault (2C:12-1a)
- Aggravated Assault (2C:12-1b)
- Assault on a Police Officer or Public Employee (2C:12-1b(5))
- Assault by Auto (2C:12-1c)
- Leaving the scene of an accident (2C:12-1.1)
- Endangering an injured victim (2C:12-1.2)
- Terroristic threats (2C:12-3)
- Stalking definitions (2C:12-10)
- Stalking – permanent restraining order (2C:12-10.1)
- Stalking – temporary restraining order (2C:12-10.2)
- Throwing bodily fluid (2C:12-13)
- Annual report on assault firearms (2C:58-14)
- Licenses to possess and carry machine guns and assault firearms (2C:58:12)
- Sexual assault (2C:14-2)
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Computer Crimes
- 2C:20-25. Computer crimes
- 2C:20-31. Wrongful computer access.
- 2C:20-33. Obtaining, copying, accessing program, software valued at $1,000
- 2C:20-34. Location of offense
- Disorderly Conduct Offenses
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Domestic Violence
- 2C:25-18. Legislative findings on domestic violence
- 2C:25-19. Domestic violence definitions
- 2C:25-20. Development of training course; curriculum
- 2C:25-21. Arrest for domestic violence
- 2C:25-22. Immunity from civil liability
- 2C:25-23. Victim’s right to temporary restraining order (T.R.O.)
- 2C:25-24. Domestic violence offense reports
- 2C:25-25. Criminal complaints for domestic violence
- 2C:25-26. Conditions of release of domestic violence defendant
- 2C:25-26.1. Notification of victim of release of defendant
- 2C:25-27 Defendant found guilty of domestic violence
- 2C:25-28. Filing a domestic violence complaint in court
- 2C:25-28.1. In-house restraining order prohibited
- 2C:25-29. Hearing procedure; relief
- 2C:25-29.1. Civil penalty for certain domestic violence offenders
- 2C:25-29.2. Collection, distribution of civil penalties collected
- 2c:25-29.4. Surcharge for domestic violence offender
- 2C:25-30. Violation of a domestic violence order
- 2C:25-31. Contempt of a domestic violence order
- 2C:25-32. Alleged contempt, complainant's procedure
- 2C:25-33. Records of applications for relief
- 2C:25-34. Domestic violence restraining orders
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Drug Crimes
- 2C:35-1.1. Legislative findings on drug-related crimes
- 2C:35-2. Drug offense definitions
- 2C:35-3. Drug trafficking
- 2C:35-4. Maintaining or operating a controlled dangerous substance production facility
- 2C:35-4.1. Booby traps in manufacturing or distribution facilities; fortified premises
- 2C:35-5. Manufacturing, distributing or dispensing
- 2C:35-5.2. Manufacturing GHB
- 2C:35-5.3. Manufacturing Rohypnol (“Date Rape Drug”)
- 2C:35-5.3a. Criminalization, degree of crime
- 2C:35-5.5. Legislative findings on removal or restraint of certain drug offenders
- 2C:35-5.6. Definitions relative to removal, restraint of certain offenders
- 2C:35-5.7. Restraining orders
- 2C:35-5.8. Violation of court order
- 2C:35-5.9. Certification of offense location
- 2C:35-5.10. Discretion to not seek restraining order
- 2C:35-5.11. Drug enforcement and demand reduction penalty doubled for certain offenses
- 2C:35-6. Employing a juvenile in a drug distribution scheme
- 2C:35-7. Distribution on or within 1,000 feet of school property
- 2C:35-7a. Review of sentence by court
- 2C:35-7.1. Drugs on public property
- 2C:35-8. Distribution to persons under age 18; enhanced punishment
- 2C:35-9. Drug-induced deaths
- 2C:35-10. Drug possession
- 2C:35-10.2. Possession of GHB
- 2C:35-10.3. Possession of Rohypnol (“Date Rape Drug”)
- 2C:35-10.3a. Criminalization, degree of crime
- 2C:35-10.4. Toxic chemicals
- 2C:35-10.5. Prescription drugs
- 2C:35-11. Imitation drugs
- 2C:35-12. Waiver of Mandatory Minimum and Extended Terms
- 2C:35-13. Obtaining drugs by fraud
- 2C:35-14. Drug and alcohol rehabilitation
- 2C:35-14.1. Defendant required to submit to professional diagnostic assessment, exceptions
- 2C:35-14.2. Sentence of special probation for certain defendants
- 2C:35-14.3. Phase-in of implementation of provisions of law relative to special probation
- 2C:35-15. Mandatory drug enforcement and demand reduction penalties
- 2C:35-16. Forfeiture or postponement of driving privileges
- 2C:35-16.1. Notification to landlord of drug offenses
- 2C:35-17. Exception to physician-patient privilege
- 2C:35-18. Exemption, burden of proof
- 2C:35-19. Laboratory certificates; use; admission into evidence; objections
- 2C:35-20. Forensic laboratory fees
- 2C:35-21. Pretrial destruction of bulk seizures
- 2C:35-22. Severability
- 2C:35-23. Pending cases
- 2C:35-24. Possession of certain prescription drugs
- 2C:35-25. Sale restrictions for ephedrine products
- 2C:35-26. Reporting requirement for ephedrine products
- 2C:35-27. Permissive inference concerning possession of ephedrine products
- 2C:35-28. Unlawful possession of precursors; manufacturing methamphetamine
- 2C:35-29. Definitions relative to industrial use of certain chemicals not deemed a CDS
- 2C:36A-1. Conditional discharge for first time drug offenses
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Drug Paraphernalia Laws
- 2C:36-1. Drug paraphernalia
- 2C:36-2. Use or possession with intent to use drug paraphernalia
- 2C:36-3. Distribute, dispense or possess drug paraphernalia with intent to distribute or manufacture
- 2C:36-4. Advertising to promote sale of drug paraphernalia
- 2C:36-5. Delivering drug paraphernalia to a minor
- 2C:36-6. Possession or distribution of hypodermic syringe or needle
- 2C:36-6a. Possession of syringe or needle through sterile syringe access program
- 2C:36-6.2. Sale by licensed pharmacy of hypodermic syringe or needle
- 2C:36-6.3. Affirmative defense to criminal action
- 2C:36-7. Unlawful seizure of drug paraphernalia
- 2C:36-8. Severability
- 2C:36-9. Pending cases
- 2C:36-10. Defrauding the administration of a drug test
- Fake ID
- Firearms and Weapons
This section covers statutes governing firearm possession, dealer purchases, transportation, and use, including requirements applicable to individuals seeking a firearms purchaser identification, a permit to carry, or authorization to carry a handgun under New Jersey gun laws. These laws apply to purchases made through a licensed dealer or a federally licensed firearms dealer and typically require a background check, review by the local police chief, and in some cases, judicial oversight by the Superior Court. Limited exemptions may apply for activities such as the purpose of hunting or training.
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- 2C:39-1. Firearm definitions
- 2C:39-2. Presumption of firearm possession and no license
- 2C:39-3. Prohibited weapons and devices
- 2C:39-4. Possession of weapons for unlawful purposes
- 2C:39-4.1. Possession of a weapon while committing another offense
- 2C:39-5. Unlawful possession of weapons
- 2C:39-6. Weapons exemptions
- 2C:39-7. Persons restricted from possessing weapons
- 2C:39-9. Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
- 2C:39-9.1. Sale of knives to minors
- 2C:39-9.2. Sale of handcuffs to minors
- 2C:39-10. Violation of the regulatory provisions relating to firearms
- 2C:39-11. Pawnbrokers
- 2C:39-12. Voluntary surrender of a weapon
- 2C:39-13. Unlawful use of body vests
- 2C:39-14. Unlawful training in the use of a firearm
- 2C:39-15. Gun advertising requirement
- 2C:39-16. Leader of a firearms trafficking network
- 2C:58-1. Firearm registration
- 2C:58-2. Sale of firearms
- 2C:58-2.2. Legislative findings on the sale of firearms
- 2C:58-2.3. Personalized handguns
- 2C:58-2.4. List of personalized handguns
- 2C:58-2.5. Sale of personalized handguns
- 2C:58-3. Purchase of firearms
- 2C:58-3.1. Temporary transfer of firearms
- 2C:58-3.2. Temporary transfer of firearm for training purposes
- 2C:58-3.3. Handgun ammunition
- 2C:58-3.4. Exemption on restriction of purchase of handguns
- 2C:58-4. Handgun permits
- 2C:58-4.1. Employee of armored car company
- 2C:58-6.1. Possession of firearms by minors
- 2C:58-7. Persons possessing explosives or destructive devices to notify police
- 2C:58-8. Injuries caused by firearms
- 2C:58-9. Certain convictions to be reported
- 2C:58-10. Incendiary or tracer ammunition
- 2C:58-15. Minor's access to a loaded firearm
- 2C:58-16. Retail firearm warning required
- 2C:58-17. "KeepSafe" program established
- 2C:58-18. Report on KeepSafe program
- 2C:58-19. Report of loss or theft of firearm within 36 hours
These statutes are frequently cited in cases involving unlawful possession, improper transfers, and violations related to a New Jersey gun permit or firearm acquisition process.
- Forgery (2C:21-1)
- Lewdness (2C:14-4)
- Obstruction of Justice (2C:29-1)
- Property Crimes
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Property Destruction
- Arson (2C:17-1)
- NJ 2C:17-2. Causing or risking widespread injury or damageNJ 2C:17-2. Causing or risking widespread injury or damageNJ 2C:17-2. Causing or risking widespread injury or damage
- Criminal Mischief (2C:17-3)
- 2C:18-1. Burglary definitions2C:18-1. Burglary definitions2C:18-1. Burglary definitions
- 2C:18-4. Lands defined2C:18-4. Lands defined2C:18-4. Lands defined
- 2C-18-5. Operating motor vehicle on land without permission2C-18-5. Operating motor vehicle on land without permission2C-18-5. Operating motor vehicle on land without permission
- 2C:18-6. Burglary and trespass offenses2C:18-6. Burglary and trespass offenses2C:18-6. Burglary and trespass offenses
- Prostitutions
- Resisting Arrest
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Theft Offenses
- Theft and computer criminal activity (2C:20-2)
- 2C:20-2.1. Auto theft
- 2C:20-2.2. Additional fine for auto theft
- Theft (2C:20-3)
- 2C:20-4. Theft by deception2C:20-4. Theft by deception2C:20-4. Theft by deception
- 2C:20-5. Theft by extortion2C:20-5. Theft by extortion2C:20-5. Theft by extortion
- 2C:20-6. Theft of property lost, mislaid, or delivered by mistake2C:20-6. Theft of property lost, mislaid, or delivered by mistake2C:20-6. Theft of property lost, mislaid, or delivered by mistake
- 2C:20-7. Receiving stolen property2C:20-7. Receiving stolen property2C:20-7. Receiving stolen property
- 2C:20-7.1. Fencing2C:20-7.1. Fencing2C:20-7.1. Fencing
- 2C:20-7.2. Notification of theft of scrap metal2C:20-7.2. Notification of theft of scrap metal2C:20-7.2. Notification of theft of scrap metal
- 2C:20-8. Theft of services2C:20-8. Theft of services2C:20-8. Theft of services
- 2C:20-9. Theft by failure to make required disposition of property received2C:20-9. Theft by failure to make required disposition of property received2C:20-9. Theft by failure to make required disposition of property received
- Unlawful taking of means of conveyance (2C:20-10)
- Shoplifting (2C:20-11)
- Guidelines for prosecution of shoplifting offenses (2C:20-11.1)
- Leader of organized retail theft enterprise (2C:20-11.2)
- Use of juvenile in theft of automobiles, penalty (2C:20-17)
- Leader of auto theft trafficking network, penalty (2C:20-18)
- Civil actions (2C:20-20)
- Value of property or services stolen (2C:20-24)
Drunk Driving (DWI/DUI) Laws
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All Drunk Driving Laws
- Operating commercial vehicle in excess of 45 mph (39:3-20)
- Driving While Intoxicated (39:4-50)Interlock Device Installation (39:4-50.17)
- Consent to breathalyzer (39:4-50.2)
- Guidelines for DWI and breath test refusal prosecutions (39:4-50.2a)
- Breath test analyses (39:4-50.3)
- Refusal (39:4-50.4a)
- Severability (39:4-50.5)
- Drunk Driving Enforcement Fund (39:4-50.8)
- Drunk driving victim (39:4-50.10)
- Victims' rights (39:4-50.11)
- Consultation with prosecutor (39:4-50.12)
- Tort Claims Act rights (39:4-50.13)
- Underage DWI/DUI (39:4-50.14)
- Driving under the influence with a minor passenger (39:4-50.15)
- Legislative findings on ignition interlock devices (39:4-50.16)
- Interlock Device Installation (39:4-50.17)
- Monthly leasing fee for installation of ignition interlock device (39:4-50.17a)
- DMV notation of interlock device installation (39:4-50.18)
- Interlock Device Violation (39:4-50.19)
- Certification of interlock devices (39:4-50.20)
- Rules and Regulations (39:4-50.21)
- Liability for permitting an intoxicated arrestee's operation of motor vehicle (39:4-50.22)
- Impoundment of vehicle operated by arrestee (39:4-50.23)
Motor Vehicle Offenses
- Car Accident Laws
- License Suspension Chart
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Motor Vehicle & Traffic Offenses
- Operating motorized bicycle on a restricted highway (39:4-14.3)
- More than one person on a motorized bicycle (39:4-14.3d)
- Failure to yield to pedestrian (39:4-36)
- Driving through safety zone (39:4-41)
- Drug possession by motor vehicle operator (39:4-49.1)
- Racing on highway (39:4-52)
- Improper action or omission on grades and curves (39:4-55)
- Delaying traffic prohibited (39:4-56)
- Failure to observe direction of officer (39:4-57)
- Failure to stop vehicle before crossing sidewalk (39:4-66)
- Failure to yield to pedestrians or vehicles while entering or leaving highway (39:4-66.1)
- Operating a motor vehicle on public or private property to avoid a traffic control signal or sign (39:4-66.2)
- Operating a motor vehicle on a sidewalk (39:4-71)
- Failure to obey direction of officer (39:4-80)
- Failure to observe traffic signals (39:4-81)
- Failure to keep right (39:4-82)
- Improper operating of vehicle on divided highway or divider (39:4-82.1)
- Failure to keep right at intersection (39:4-83)
- Failure to pass right of vehicle proceeding in opposite direction (39:4-84)
- Improper passing on right of off roadway (39:4-85)
- Wrong way on a one-way street (39:4-85.1)
- Improper passing in a no passing zone (39:4-86)
- Failure to yield to overtaking vehicle (39:4-87)
- Failure to observe traffic lanes (39:4-88)
- Tailgating (39:4-89)
- Failure to yield at intersection (39:4-90)
- Failure to use proper entrances to limited access highways (39:4-90.1)
- Failure to yield to emergency vehicles (39:4-91)
- Failure to yield to emergency vehicles (39:4-92)
- Reckless driving (39:4-96)
- Careless driving (39:4-97)
- Slow speeds as blocking traffic (39:4-97.1)
- Driving in an unsafe manner (39:4-97.2)
- Destruction of agricultural or recreational property (39:4-97a)
- Exceeding maximum speed (39:4-98)
- Exceeding maximum speed (39:4-99)
- Failure to observe stop or yield signs (39:4-144)
- Failure to stop for traffic light (39:4-105)
- Improper turn at traffic light (39:4-115)
- Failure to stop at flashing red signal (39:4-119)
- Failure to stop for police whistle (39:4-122)
- Improper right or left turn (39:4-123)
- Improper turn from approved turning course (39:4-124)
- Improper “U” turn (39:4-125)
- Failure to give proper signal (39:4-126)
- Improper backing or turning in street (39:4-127)
- Improper crossing of railroad grade crossing (39:4-127.1)
- Improper crossing of bridge (39:4-127.2)
- Improper crossing of railroad grade crossing by certain vehicles (39:4-128)
- Improper passing of school bus (39:4-128.1)
- Improper passing of a frozen dessert truck (39:4-128.4)
- Leaving the scene of an accident (39:4-129)
- Racing on highway (39:5C-1)
- Moving violation out-of-state (39:5D-4)
- NJ Traffic Ticket Laws by Points