New Jersey criminal charge
Solicitation, recruitment to join criminal street gang; crime, degrees, sentencing in New Jersey
Solicitation, recruitment to join criminal street gang; crime, degrees, sentencing is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:33-28. 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:33-28.
What is the penalty for solicitation, recruitment to join criminal street gang; crime, degrees, sentencing in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (Base solicitation/recruitment to join criminal street gang — Actor solicits or recruits another to join or participate in a criminal street gang knowing/intending the person will engage in criminal activity.; 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 $10,000 (Base solicitation/recruitment to join criminal street gang — Actor solicits or recruits another to join or participate in a criminal street gang knowing/intending the person will engage in criminal activity.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Repeated threats during solicitation — In the course of the base offense, the actor threatens another with bodily injury on two or more separate occasions within a 30-day period.; 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 $15,000 (Repeated threats during solicitation — In the course of the base offense, the actor threatens another with bodily injury on two or more separate occasions within a 30-day period.; 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 (Solicitation on school property — The base solicitation/recruitment offense is committed on school property.; 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 $15,000 (Solicitation on school property — The base solicitation/recruitment offense is committed on school property.; 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 (Significant bodily injury inflicted — In the course of the base offense, the actor inflicts significant bodily injury upon another.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Significant bodily injury inflicted — In the course of the base offense, the actor inflicts significant bodily injury upon another.; 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 (Victim under 18 (subsections a., b., or g.) — Defendant is convicted of soliciting, recruiting, coercing or threatening a person under 18 years of age under subsection a., b., or g.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Victim under 18 (subsections a., b., or g.) — Defendant is convicted of soliciting, recruiting, coercing or threatening a person under 18 years of age under subsection a., b., or g.; 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 (Offense committed while under official detention — The base offense under subsection a. is committed while the actor is under official detention as defined in the section.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Offense committed while under official detention — The base offense under subsection a. is committed while the actor is under official detention as defined in the section.; 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 solicitation, recruitment to join criminal street gang; crime, degrees, sentencing classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base solicitation/recruitment to join criminal street gang | Crime of the Fourth Degree | Actor solicits or recruits another to join or participate in a criminal street gang knowing/intending the person will engage in criminal activity. | N.J.S.A. 2C:33-28undefined |
| Repeated threats during solicitation | Crime of the Third Degree | In the course of the base offense, the actor threatens another with bodily injury on two or more separate occasions within a 30-day period. | N.J.S.A. 2C:33-28undefined |
| Solicitation on school property | Crime of the Third Degree | The base solicitation/recruitment offense is committed on school property. | N.J.S.A. 2C:33-28undefined |
| Significant bodily injury inflicted | Crime of the Second Degree | In the course of the base offense, the actor inflicts significant bodily injury upon another. | N.J.S.A. 2C:33-28undefined |
| Victim under 18 (subsections a., b., or g.) | Crime of the Second Degree | Defendant is convicted of soliciting, recruiting, coercing or threatening a person under 18 years of age under subsection a., b., or g. | N.J.S.A. 2C:33-28undefined |
| Offense committed while under official detention | Crime of the Second Degree | The base offense under subsection a. is committed while the actor is under official detention as defined in the section. | N.J.S.A. 2C:33-28undefined |
Common questions about solicitation, recruitment to join criminal street gang; crime, degrees, sentencing in New Jersey
What degree of offense is solicitation, recruitment to join criminal street gang; crime, degrees, sentencing in New Jersey?
It depends on the circumstances: solicitation, recruitment to join criminal street gang; crime, degrees, sentencing ranges from a Crime of the Fourth Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:33-28.
Base solicitation/recruitment to join criminal street gang: Crime of the Fourth Degree (N.J.S.A. 2C:33-28) · Repeated threats during solicitation: Crime of the Third Degree (N.J.S.A. 2C:33-28) · Solicitation on school property: Crime of the Third Degree (N.J.S.A. 2C:33-28) · Significant bodily injury inflicted: Crime of the Second Degree (N.J.S.A. 2C:33-28) · Victim under 18 (subsections a., b., or g.): Crime of the Second Degree (N.J.S.A. 2C:33-28) · Offense committed while under official detention: Crime of the Second Degree (N.J.S.A. 2C:33-28)
What are the penalties for solicitation, recruitment to join criminal street gang; crime, degrees, sentencing in New Jersey?
Penalties for solicitation, recruitment to join criminal street gang; crime, degrees, sentencing 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 solicitation, recruitment to join criminal street gang; crime, degrees, sentencing?
Solicitation, recruitment to join criminal street gang; crime, degrees, sentencing is governed by N.J.S.A. 2C:33-28 (Solicitation, recruitment to join criminal street gang; crime, degrees, sentencing).
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.