New jersey criminal charge
Crime of official deprivation of civil rights in New jersey
Crime of official deprivation of civil rights is a criminal offense under New jersey law, defined by N.J.S.A. 2C:30-6. 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:30-6.
What is the penalty for crime of official deprivation of civil rights in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Base offense - official deprivation of civil rights — Applies to a public servant who violates subsection a. without the aggravating factors described in paragraphs (2) and (3) of subsection b.; 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) (Base offense - official deprivation of civil rights — Applies to a public servant who violates subsection a. without the aggravating factors described in paragraphs (2) and (3) of subsection b.; 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 (Official deprivation with bodily injury — Applies when bodily injury results from the deprivation of a person's right or privilege in violation of subsection a.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Official deprivation with bodily injury — Applies when bodily injury results from the deprivation of a person's right or privilege in violation of subsection a.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Official deprivation with murder, manslaughter, kidnapping or aggravated sexual assault — Applies when, during the violation of subsection a., the public servant commits or attempts or conspires to commit murder, manslaughter, kidnapping or aggravated sexual assault against the victim.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Official deprivation with murder, manslaughter, kidnapping or aggravated sexual assault — Applies when, during the violation of subsection a., the public servant commits or attempts or conspires to commit murder, manslaughter, kidnapping or aggravated sexual assault against the victim.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is crime of official deprivation of civil rights classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense - official deprivation of civil rights | crime of the third degree | Applies to a public servant who violates subsection a. without the aggravating factors described in paragraphs (2) and (3) of subsection b. | N.J.S.A. 2C:30-6undefined |
| Official deprivation with bodily injury | crime of the second degree | Applies when bodily injury results from the deprivation of a person's right or privilege in violation of subsection a. | N.J.S.A. 2C:30-6undefined |
| Official deprivation with murder, manslaughter, kidnapping or aggravated sexual assault | crime of the first degree | Applies when, during the violation of subsection a., the public servant commits or attempts or conspires to commit murder, manslaughter, kidnapping or aggravated sexual assault against the victim. | N.J.S.A. 2C:30-6undefined |
Common questions about crime of official deprivation of civil rights in New jersey
What degree of offense is crime of official deprivation of civil rights in New Jersey?
It depends on the circumstances: crime of official deprivation of civil rights ranges from a crime of the third degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:30-6.
Base offense - official deprivation of civil rights: crime of the third degree (N.J.S.A. 2C:30-6) · Official deprivation with bodily injury: crime of the second degree (N.J.S.A. 2C:30-6) · Official deprivation with murder, manslaughter, kidnapping or aggravated sexual assault: crime of the first degree (N.J.S.A. 2C:30-6)
What are the penalties for crime of official deprivation of civil rights in New Jersey?
Penalties for crime of official deprivation of civil rights in New Jersey depend on how it is classified — from a crime of the third degree up to a crime of the first 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 crime of official deprivation of civil rights?
Crime of official deprivation of civil rights is governed by N.J.S.A. 2C:30-6 (Crime of official deprivation of civil rights).
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.