New Jersey statute

N.J.S.A. 2C:5-4 — Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 5, New Jersey Statutes.

Criminal charges under this statute

Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger

Full text of N.J.S.A. 2C:5-4

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:5-4Primary source, current through the P.L.2025, c.346, and J.R.22

2C:5-4. Grading of Criminal Attempt and Conspiracy; Mitigation in Cases of Lesser Danger. a. Grading. Except as provided in subsections c., d., and e., an attempt or conspiracy to commit a crime of the first degree is a crime of the second degree; except that an attempt or conspiracy to commit murder or terrorism is a crime of the first degree, provided, however, that if the person attempted or conspired to murder five or more persons, the person shall be sentenced by the court to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment, of which the person shall serve not less than 30 years before eligibility for parole. Otherwise an attempt is a crime of the same degree as the most serious crime which is attempted, and conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy; provided that, leader of organized crime is a crime of the second degree. An attempt or conspiracy to commit an offense defined by a statute outside the code shall be graded as a crime of the same degree as the offense is graded pursuant to N.J.S.2C:1-4 and N.J.S.2C:43-1. b. Mitigation. The court may impose sentence for a crime of a lower grade or degree if neither the particular conduct charged nor the defendant presents a public danger warranting the grading provided for such crime under subsection a. because: (1) The criminal attempt or conspiracy charged is so inherently unlikely to result or culminate in the commission of a crime; or (2) The conspiracy, as to the particular defendant charged, is so peripherally related to the main unlawful enterprise. c. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime set forth in subsection a., b., or d. of N.J.S.2C:17-1 where the structure which was the target of the crime was a church, synagogue, temple or other place of public worship is a crime of the first degree. d. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime as set forth in P.L.1994, c.121 (C.2C:21-23 et seq.) is a crime of the same degree as the most serious crime that was conspired to be committed. e. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime of human trafficking as set forth in section 1 of P.L.2005, c.77 (C.2C:13-8) is a crime of the first degree. amended 1979, c.178, s.18; 1981, c.167, s.4; 1981, c.290, s.11; 1981, c.511, s.2; 1986, c.190; 1997, c.34; 1999, c.25, s.2; 2002, c.26, s.9; 2013, c.51, s.6.

Official sources

justia: N.J.S.A. 2C:5-4

Legal terms used in this section

Questions this section answers

What degree of offense is grading of criminal attempt and conspiracy, mitigation in cases of lesser danger in New Jersey?

It depends on the circumstances: grading of criminal attempt and conspiracy, mitigation in cases of lesser danger ranges from a crime of the second degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:5-4.

Attempt/conspiracy to commit crime of first degree (general rule): crime of the second degree (N.J.S.A. 2C:5-4) · Attempt/conspiracy to commit murder or terrorism: crime of the first degree (N.J.S.A. 2C:5-4) · Attempt/conspiracy to commit crime other than first-degree, murder, or terrorism: crime of the second degree (N.J.S.A. 2C:5-4) · Conspiracy to commit arson-related crime targeting a place of worship: crime of the first degree (N.J.S.A. 2C:5-4) · Conspiracy to commit human trafficking: crime of the first degree (N.J.S.A. 2C:5-4)

Which New Jersey statute covers grading of criminal attempt and conspiracy, mitigation in cases of lesser danger?

Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger is governed by N.J.S.A. 2C:5-4 (Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger).

This reference is informational and is not legal advice.