New jersey criminal charge
Causing or risking widespread injury or damage in New jersey
Causing or risking widespread injury or damage is a criminal offense under New jersey law, defined by N.J.S.A. 2C:17-2. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:17-2.
What is the penalty for causing or risking widespread injury or damage in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Purposeful/knowing causation of explosion, flood, etc. — Purposely or knowingly causing an explosion, flood, avalanche, building collapse, or release/abandonment of poison gas, radioactive material or other harmful/destructive substance.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Purposeful/knowing causation of explosion, flood, etc. — Purposely or knowingly causing an explosion, flood, avalanche, building collapse, or release/abandonment of poison gas, radioactive material or other harmful/destructive substance.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Purposeful/knowing causation of widespread injury or damage — Purposely or knowingly causing widespread injury or damage in any manner.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Purposeful/knowing causation of widespread injury or damage — Purposely or knowingly causing widespread injury or damage in any manner.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Purposeful/knowing hazardous discharge or hazardous waste release — Purposely or knowingly causing a reportable hazardous discharge, or release/abandonment of hazardous waste or toxic pollutant.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Purposeful/knowing hazardous discharge or hazardous waste release — Purposely or knowingly causing a reportable hazardous discharge, or release/abandonment of hazardous waste or toxic pollutant.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Reckless hazardous discharge or hazardous waste release — Recklessly causing a hazardous discharge, hazardous waste release, or toxic pollutant release described in paragraph (2).; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Reckless hazardous discharge or hazardous waste release — Recklessly causing a hazardous discharge, hazardous waste release, or toxic pollutant release described in paragraph (2).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Reckless causation of widespread injury or damage — Recklessly causing widespread injury or damage.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Reckless causation of widespread injury or damage — Recklessly causing widespread injury or damage.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Reckless creation of risk of widespread injury or damage — Recklessly creating a risk of widespread injury or damage, even if none occurs.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Reckless creation of risk of widespread injury or damage — Recklessly creating a risk of widespread injury or damage, even if none occurs.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Reckless risk from hazardous materials handling/storage — The risk of widespread injury or damage results from reckless handling or storage of hazardous materials.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Reckless risk from hazardous materials handling/storage — The risk of widespread injury or damage results from reckless handling or storage of hazardous materials.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Risk from unlawful hazardous materials handling/storage — The handling or storage of hazardous materials that created the risk violated a law, rule, or regulation intended to protect public health and safety.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Risk from unlawful hazardous materials handling/storage — The handling or storage of hazardous materials that created the risk violated a law, rule, or regulation intended to protect public health and safety.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Failure to prevent or mitigate widespread injury or damage — A person under a legal duty to act, or who caused/assented to the threatening act, knowingly or recklessly fails to take reasonable measures to prevent or mitigate widespread injury or damage.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Failure to prevent or mitigate widespread injury or damage — A person under a legal duty to act, or who caused/assented to the threatening act, knowingly or recklessly fails to take reasonable measures to prevent or mitigate widespread injury or damage.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is causing or risking widespread injury or damage classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Purposeful/knowing causation of explosion, flood, etc. | crime of the second degree | Purposely or knowingly causing an explosion, flood, avalanche, building collapse, or release/abandonment of poison gas, radioactive material or other harmful/destructive substance. | N.J.S.A. 2C:17-2undefined |
| Purposeful/knowing causation of widespread injury or damage | crime of the second degree | Purposely or knowingly causing widespread injury or damage in any manner. | N.J.S.A. 2C:17-2undefined |
| Purposeful/knowing hazardous discharge or hazardous waste release | crime of the second degree | Purposely or knowingly causing a reportable hazardous discharge, or release/abandonment of hazardous waste or toxic pollutant. | N.J.S.A. 2C:17-2undefined |
| Reckless hazardous discharge or hazardous waste release | crime of the third degree | Recklessly causing a hazardous discharge, hazardous waste release, or toxic pollutant release described in paragraph (2). | N.J.S.A. 2C:17-2undefined |
| Reckless causation of widespread injury or damage | crime of the third degree | Recklessly causing widespread injury or damage. | N.J.S.A. 2C:17-2undefined |
| Reckless creation of risk of widespread injury or damage | crime of the fourth degree | Recklessly creating a risk of widespread injury or damage, even if none occurs. | N.J.S.A. 2C:17-2undefined |
| Reckless risk from hazardous materials handling/storage | crime of the third degree | The risk of widespread injury or damage results from reckless handling or storage of hazardous materials. | N.J.S.A. 2C:17-2undefined |
| Risk from unlawful hazardous materials handling/storage | crime of the second degree | The handling or storage of hazardous materials that created the risk violated a law, rule, or regulation intended to protect public health and safety. | N.J.S.A. 2C:17-2undefined |
| Failure to prevent or mitigate widespread injury or damage | crime of the fourth degree | A person under a legal duty to act, or who caused/assented to the threatening act, knowingly or recklessly fails to take reasonable measures to prevent or mitigate widespread injury or damage. | N.J.S.A. 2C:17-2undefined |
Common questions about causing or risking widespread injury or damage in New jersey
What degree of offense is causing or risking widespread injury or damage in New Jersey?
It depends on the circumstances: causing or risking widespread injury or damage ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:17-2.
Purposeful/knowing causation of explosion, flood, etc.: crime of the second degree (N.J.S.A. 2C:17-2) · Purposeful/knowing causation of widespread injury or damage: crime of the second degree (N.J.S.A. 2C:17-2) · Purposeful/knowing hazardous discharge or hazardous waste release: crime of the second degree (N.J.S.A. 2C:17-2) · Reckless hazardous discharge or hazardous waste release: crime of the third degree (N.J.S.A. 2C:17-2) · Reckless causation of widespread injury or damage: crime of the third degree (N.J.S.A. 2C:17-2) · Reckless creation of risk of widespread injury or damage: crime of the fourth degree (N.J.S.A. 2C:17-2) · Reckless risk from hazardous materials handling/storage: crime of the third degree (N.J.S.A. 2C:17-2) · Risk from unlawful hazardous materials handling/storage: crime of the second degree (N.J.S.A. 2C:17-2) · Failure to prevent or mitigate widespread injury or damage: crime of the fourth degree (N.J.S.A. 2C:17-2)
What are the penalties for causing or risking widespread injury or damage in New Jersey?
Penalties for causing or risking widespread injury or damage in New Jersey depend on how it is classified — from a crime of the fourth degree up to a crime of the second degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers causing or risking widespread injury or damage?
Causing or risking widespread injury or damage is governed by N.J.S.A. 2C:17-2 (Causing or risking widespread injury or damage).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.