New jersey criminal charge
Hindering apprehension or prosecution in New jersey
Current through 2026 New Jersey legislative session
Hindering apprehension or prosecution is a criminal offense under New jersey law, defined by N.J.S.A. 2C:29-3. 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:29-3.
What is the penalty for hindering apprehension or prosecution in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Subsection a(5) - obstruction by force, intimidation or deception — Applies to a violation of paragraph a(5) (preventing/obstructing by force, intimidation or deception) when the actor is not a close family member of the person aided.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Subsection a(5) - obstruction by force, intimidation or deception — Applies to a violation of paragraph a(5) (preventing/obstructing by force, intimidation or deception) when the actor is not a close family member of the person aided.; 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) (Subsection a(5) - close family member exception — Applies to a violation of paragraph a(5) when the actor is a spouse, domestic partner, civil union partner, parent, or child of the person aided who is the victim.; 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) (Subsection a(5) - close family member exception — Applies to a violation of paragraph a(5) when the actor is a spouse, domestic partner, civil union partner, parent, or child of the person aided who is the victim.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Subsection a(3)/(7) - leaving scene of fatal accident — Applies under paragraph a(3) or a(7) when the conduct charged against the aided person would constitute leaving the scene of a fatal motor vehicle accident under C.2C:11-5.1.; 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) (Subsection a(3)/(7) - leaving scene of fatal accident — Applies under paragraph a(3) or a(7) when the conduct charged against the aided person would constitute leaving the scene of a fatal motor vehicle accident under C.2C:11-5.1.; 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 (Subsection a - conduct constituting 2nd degree or greater — Applies generally under subsection a when the underlying charged conduct against the aided person is a crime of the second degree or greater, and actor is not a close family member.; 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) (Subsection a - conduct constituting 2nd degree or greater — Applies generally under subsection a when the underlying charged conduct against the aided person is a crime of the second degree or greater, and actor is not a close family member.; 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) (Subsection a - family member exception for 2nd degree or greater conduct — Applies under subsection a when the underlying conduct is a crime of second degree or greater but the actor is a close family member of the person aided.; 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) (Subsection a - family member exception for 2nd degree or greater conduct — Applies under subsection a when the underlying conduct is a crime of second degree or greater but the actor is a close family member of the person aided.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Subsection a - conduct constituting 3rd degree crime — Applies under subsection a when the underlying charged conduct against the person aided would constitute a crime of the third degree.; 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) (Subsection a - conduct constituting 3rd degree crime — Applies under subsection a when the underlying charged conduct against the person aided would constitute a crime of the third degree.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Subsection a - residual/lesser conduct — Applies under subsection a when the underlying conduct does not rise to the level of a third degree crime or higher.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Subsection a - residual/lesser conduct — Applies under subsection a when the underlying conduct does not rise to the level of a third degree crime or higher.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | 5 years to 10 years (Subsection b(3) - obstructing witness/informant — Applies to a violation of paragraph b(3), preventing or obstructing a witness or informant by force, intimidation or deception.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Subsection b(3) - obstructing witness/informant — Applies to a violation of paragraph b(3), preventing or obstructing a witness or informant by force, intimidation or deception.; 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 (Subsection b(1)/(4) - leaving scene of fatal accident — Applies under paragraph b(1) or b(4) when the conduct charged against the actor himself would constitute leaving the scene of a fatal motor vehicle accident under C.2C:11-5.1.; 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) (Subsection b(1)/(4) - leaving scene of fatal accident — Applies under paragraph b(1) or b(4) when the conduct charged against the actor himself would constitute leaving the scene of a fatal motor vehicle accident under C.2C:11-5.1.; 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 (Subsection b - conduct constituting 2nd degree or greater — Applies generally under subsection b when the underlying charged conduct against the actor himself is a crime of the second degree or greater.; 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) (Subsection b - conduct constituting 2nd degree or greater — Applies generally under subsection b when the underlying charged conduct against the actor himself is a crime of the second degree or greater.; 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) (Subsection b - conduct constituting 3rd degree crime — Applies under subsection b when the underlying charged conduct against the actor himself would constitute a crime of the third degree.; 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) (Subsection b - conduct constituting 3rd degree crime — Applies under subsection b when the underlying charged conduct against the actor himself would constitute a crime of the third degree.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Subsection b - residual/lesser conduct — Applies under subsection b when the underlying conduct does not rise to the level of a third degree crime or higher.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Subsection b - residual/lesser conduct — Applies under subsection b when the underlying conduct does not rise to the level of a third degree crime or higher.) | discretionary | N.J.S.A. 2C:43-8 |
Applies to current.
How is hindering apprehension or prosecution classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Subsection a(5) - obstruction by force, intimidation or deception | crime of the second degree | Applies to a violation of paragraph a(5) (preventing/obstructing by force, intimidation or deception) when the actor is not a close family member of the person aided. | N.J.S.A. 2C:29-3undefined |
| Subsection a(5) - close family member exception | crime of the fourth degree | Applies to a violation of paragraph a(5) when the actor is a spouse, domestic partner, civil union partner, parent, or child of the person aided who is the victim. | N.J.S.A. 2C:29-3undefined |
| Subsection a(3)/(7) - leaving scene of fatal accident | crime of the third degree | Applies under paragraph a(3) or a(7) when the conduct charged against the aided person would constitute leaving the scene of a fatal motor vehicle accident under C.2C:11-5.1. | N.J.S.A. 2C:29-3undefined |
| Subsection a - conduct constituting 2nd degree or greater | crime of the third degree | Applies generally under subsection a when the underlying charged conduct against the aided person is a crime of the second degree or greater, and actor is not a close family member. | N.J.S.A. 2C:29-3undefined |
| Subsection a - family member exception for 2nd degree or greater conduct | crime of the fourth degree | Applies under subsection a when the underlying conduct is a crime of second degree or greater but the actor is a close family member of the person aided. | N.J.S.A. 2C:29-3undefined |
| Subsection a - conduct constituting 3rd degree crime | crime of the fourth degree | Applies under subsection a when the underlying charged conduct against the person aided would constitute a crime of the third degree. | N.J.S.A. 2C:29-3undefined |
| Subsection a - residual/lesser conduct | disorderly persons offense | Applies under subsection a when the underlying conduct does not rise to the level of a third degree crime or higher. | N.J.S.A. 2C:29-3undefined |
| Subsection b(3) - obstructing witness/informant | crime of the second degree | Applies to a violation of paragraph b(3), preventing or obstructing a witness or informant by force, intimidation or deception. | N.J.S.A. 2C:29-3undefined |
| Subsection b(1)/(4) - leaving scene of fatal accident | crime of the third degree | Applies under paragraph b(1) or b(4) when the conduct charged against the actor himself would constitute leaving the scene of a fatal motor vehicle accident under C.2C:11-5.1. | N.J.S.A. 2C:29-3undefined |
| Subsection b - conduct constituting 2nd degree or greater | crime of the third degree | Applies generally under subsection b when the underlying charged conduct against the actor himself is a crime of the second degree or greater. | N.J.S.A. 2C:29-3undefined |
| Subsection b - conduct constituting 3rd degree crime | crime of the fourth degree | Applies under subsection b when the underlying charged conduct against the actor himself would constitute a crime of the third degree. | N.J.S.A. 2C:29-3undefined |
| Subsection b - residual/lesser conduct | disorderly persons offense | Applies under subsection b when the underlying conduct does not rise to the level of a third degree crime or higher. | N.J.S.A. 2C:29-3undefined |
Common questions about hindering apprehension or prosecution in New jersey
What degree of offense is hindering apprehension or prosecution in New Jersey?
It depends on the circumstances: hindering apprehension or prosecution ranges from a disorderly persons offense to a crime of the second degree in New Jersey under N.J.S.A. 2C:29-3.
Subsection a(5) - obstruction by force, intimidation or deception: crime of the second degree (N.J.S.A. 2C:29-3) · Subsection a(5) - close family member exception: crime of the fourth degree (N.J.S.A. 2C:29-3) · Subsection a(3)/(7) - leaving scene of fatal accident: crime of the third degree (N.J.S.A. 2C:29-3) · Subsection a - conduct constituting 2nd degree or greater: crime of the third degree (N.J.S.A. 2C:29-3) · Subsection a - family member exception for 2nd degree or greater conduct: crime of the fourth degree (N.J.S.A. 2C:29-3) · Subsection a - conduct constituting 3rd degree crime: crime of the fourth degree (N.J.S.A. 2C:29-3) · Subsection a - residual/lesser conduct: disorderly persons offense (N.J.S.A. 2C:29-3) · Subsection b(3) - obstructing witness/informant: crime of the second degree (N.J.S.A. 2C:29-3) · Subsection b(1)/(4) - leaving scene of fatal accident: crime of the third degree (N.J.S.A. 2C:29-3) · Subsection b - conduct constituting 2nd degree or greater: crime of the third degree (N.J.S.A. 2C:29-3) · Subsection b - conduct constituting 3rd degree crime: crime of the fourth degree (N.J.S.A. 2C:29-3) · Subsection b - residual/lesser conduct: disorderly persons offense (N.J.S.A. 2C:29-3)
What are the penalties for hindering apprehension or prosecution in New Jersey?
Which New Jersey statute covers hindering apprehension or prosecution?
Hindering apprehension or prosecution is governed by N.J.S.A. 2C:29-3 (Hindering apprehension or prosecution).
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.