New jersey criminal charge
Misapplication of entrusted property and property of government or financial institution in New jersey
Misapplication of entrusted property and property of government or financial institution is a criminal offense under New jersey law, defined by N.J.S.A. 2C:21-15. 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:21-15.
What is the penalty for misapplication of entrusted property and property of government or financial institution in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Misapplication — benefit $75,000 or more — The benefit derived from the violation is $75,000.00 or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Misapplication — benefit $75,000 or more — The benefit derived from the violation is $75,000.00 or more.; 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 (Misapplication — benefit exceeds $1,000 but less than $75,000 — The benefit derived exceeds $1,000.00 but is less than $75,000.00.; 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) (Misapplication — benefit exceeds $1,000 but less than $75,000 — The benefit derived exceeds $1,000.00 but is less than $75,000.00.; 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) (Misapplication — benefit $1,000 or less — The benefit derived is $1,000.00 or less.; 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) (Misapplication — benefit $1,000 or less — The benefit derived is $1,000.00 or less.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is misapplication of entrusted property and property of government or financial institution classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Misapplication — benefit $75,000 or more | crime of the second degree | The benefit derived from the violation is $75,000.00 or more. | N.J.S.A. 2C:21-15undefined |
| Misapplication — benefit exceeds $1,000 but less than $75,000 | crime of the third degree | The benefit derived exceeds $1,000.00 but is less than $75,000.00. | N.J.S.A. 2C:21-15undefined |
| Misapplication — benefit $1,000 or less | crime of the fourth degree | The benefit derived is $1,000.00 or less. | N.J.S.A. 2C:21-15undefined |
Common questions about misapplication of entrusted property and property of government or financial institution in New jersey
What degree of offense is misapplication of entrusted property and property of government or financial institution in New Jersey?
It depends on the circumstances: misapplication of entrusted property and property of government or financial institution ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:21-15.
Misapplication — benefit $75,000 or more: crime of the second degree (N.J.S.A. 2C:21-15) · Misapplication — benefit exceeds $1,000 but less than $75,000: crime of the third degree (N.J.S.A. 2C:21-15) · Misapplication — benefit $1,000 or less: crime of the fourth degree (N.J.S.A. 2C:21-15)
What are the penalties for misapplication of entrusted property and property of government or financial institution in New Jersey?
Penalties for misapplication of entrusted property and property of government or financial institution 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 misapplication of entrusted property and property of government or financial institution?
Misapplication of entrusted property and property of government or financial institution is governed by N.J.S.A. 2C:21-15 (Misapplication of entrusted property and property of government or financial institution).
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.