Search Rutgers Law Library N.J. Court Opinions

1 State v. Calvin Fair -- rank: 1000

... The Court considers whether a prosecution for terroristic threats under N.J.S.A. 2C:12-3(a) premised on a mens rea of recklessness is constitutional ... lived and what cars they drove. The terroristic threats statute, N.J.S.A. 2C:12-3, has two subsections. Subsection (a) provides that “[a] person ... moved to dismiss the indictment, arguing, among other things, that N.J.S.A. 2C:12-3(a) is unconstitutionally overbroad because it criminalizes terroristic threats made ... the State asked that the court charge the jury on N.J.S.A. 2C:12-3(a) and/or (b). And the verdict sheet mirrored the ... that defendant committed third-degree terroristic threats in violation of N.J.S.A. 2C:12-3(a) and/or (b). During deliberations, the jury sent a ... with defendant both that the “reckless disregard” portion of N.J.S.A. 2C:12-3(a) is “facially invalid” and that, “[w] ...

docket:	a-20-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:
citation:
Document Size:	72971

2 M.S. v. Millburn Police Department, et al. -- rank: 902

... charged with the third-degree crime of threat to kill, N.J.S.A. 2C:12-3(b). That charge was downgraded to the petty disorderly persons ...

docket:	a-80-08
court:
decided:	2008-12-23
status:
citation:	197 N.J. 216
Document Size:	82217

3 STATE OF NEW JERSEY v. CHRISTOPHER HARRIS, -- rank: 855

... 12- 13, and one count of third-degree terroristic threats, N.J.S.A. 2C:12-3(a). He also faces another charge for fourth-degree aggravated ... 12), and (13); one count of third-degree terroristic threats, N.J.S.A. 2C:12-3(b); and one count of second-degree child endangerment, N ...

docket:	a2256-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-18
status:	Published
citation:
Document Size:	157525

4 STATE OF NEW JERSEY v. CALVIN FAIR, -- rank: 853

... defendant never moved for a particularization of what part of N.J.S.A. 2C:12-3 was being charged. Instead, the matter went to trial and ... question. Defendant appeals, arguing (1) the reckless-disregard portion of N.J.S.A. 2C:12-3(a) is unconstitutionally overbroad, and (2) the indictment, jury instructions ... We agree with both arguments. The reckless-disregard portion of N.J.S.A. 2C:12-3(a) is unconstitutionally overbroad because it has the capacity to ... verdict whether defendant was convicted under the unconstitutional portion of N.J.S.A. 2C:12-3(a) or the remaining provisions which clearly pass constitutional muster ... guilt, and then explain why the reckless- disregard portion of N.J.S.A. 2C:12-3(a) is unconstitutionally broad, followed by a discussion as to ... defendant was charged with acting 'contrary to the provisions of N.J.S.A. 2C:12-3(a) and/or (b)' (emphasis added) 2 – and ...

docket:	a0913-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-09
status:	Published
citation:
Document Size:	53774

5 of New Jersey v. Derrick Wayne Rose -- rank: 843

... 2C:2-6; two counts of third-degree terroristic threats, N.J.S.A. 2C:12-3(a) and/or N.J.S.A. 2C:12-3(b); one count of second-degree burglary, N.J.S ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874

6 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 781

... 4) (count eight); third-degree terroristic threats upon D.P., N.J.S.A. 2C:12-3(a) (count nine); third-degree unlawful possession of a handgun ...

docket:	a2589-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	83549

7 STATE OF NEW JERSEY v. ZHARIA Z. YOUNG -- rank: 781

... dismiss an indictment charging her with third- degree terroristic threats, N.J.S.A. 2C:12-3(a). We affirm. On April 7, 2020, nearly one month ... of [defendant].' The grand jury indictment charged defendant with violating N.J.S.A. 2C:12-3(a), which states: A person is guilty of a crime ... the risk of causing such terror or inconvenience' portion of N.J.S.A. 2C:12-3(a) was unconstitutionally overbroad in violation of the First Amendment ... I:] THE TRIAL COURT SHOULD HAVE DISMISSED THE INDICTMENT BECAUSE N.J.S.A. 2C:12-3(A) IS UNCONSTITUTIONALLY OVERBROAD AND VAGUE. IN THE ALTERNATIVE, THE ... VIOLENCE[,]' IDENTIFY THE COMPLAINANTS, OR ALLEGE A TRUE THREAT. A. [ N.J.S.A.] 2C:12-3(a) is Entirely Unconstitutional And None of Its Unconstitutionally Overbroad ... Aspects Are Severable. B. Even If The Unconstitutional Aspects of [ N.J.S.A.] 2C:12-3(a) Were Severable, There Is No Way To Tell ...

docket:	a3342-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-14
status:	Unpublished
citation:
Document Size:	33676

8 JOSE COTTO v. NEWARK PUBLIC SCHOOLS -- rank: 779

... making of a terroristic threat constitutes a third-degree crime. N.J.S.A. 2C:12-3. In either case, for a Level IV infraction, the discipline ...

docket:	a4003-15
court:	NJ Superior Court Appellate Division
decided:	2019-03-07
status:	Unpublished
citation:
Document Size:	96199

9 /usr/local/share/www/libweb/collections/courts/appellate/a2235-12.opn.html -- rank: 774

... 2C:39-5(b) (count six); third-degree terroristic threats, N.J.S.A. 2C:12-3(a), (b) (count seven); and fourth-degree aggravated assault, N ... A. 2C:5-2 and :15-1, and terroristic threats, N.J.S.A. 2C:12-3. The trial court denied his motion, citing specific evidence presented ... failed to establish a prima facie case of terroristic threats, N.J.S.A. 2C:12-3(a), because "there was no verbal threat by" defendant. To ... Tindell , supra , 417 N.J. Super. at 553; see also N.J.S.A. 2C:12-3(a). "The communication must be of such a character that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	51239

10 SOPHARIE LEANG et al. v. JERSEY CITY BOARD OF EDUCATION, -- rank: 772

... not arrest Sopharie and charge her with making terroristic threats, N.J.S.A. 2C:12-3, or any other criminal offense and the MCU, which performs ...

docket:	a5777-05
court:	njappellate
decided:	2008-04-02
status:	published
citation:	399 N.J.Super. 329
Document Size:	176360

11 STATE OF NEW JERSEY v. JULIO RIVERO -- rank: 770

... S.A. 2C:39-5(d); third-degree terroristic threats, N.J.S.A. 2C:12- 3(a); third-degree resisting arrest, N.J.S.A. 2C ...

docket:	a1127-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-11
status:	Unpublished
citation:
Document Size:	25850

12 STATE OF NEW JERSEY v. WILDEMAR A. DANGCIL -- rank: 765

... 2C:29-9(b) (count two); third-degree terroristic threats, N.J.S.A. 2C:12-3(a) (count three); second-degree attempted aggravated arson, N.J ... did not distinguish between the constitutional and unconstitutional portions of N.J.S.A. 2C:12-3'; and (4) defendant should be resentenced because the judge 'failed ... disregard,' without distinguishing 'between the constitutional and unconstitutional portions of N.J.S.A. 2C:12-3.' Defendant contends 'it is impossible to determine which mental state ... of the verdict sheet. As a threshold matter, we note N.J.S.A. 2C:12-3(a) is written in the disjunctive and states: A person ... statute is declared unconstitutional, the remaining or inconvenience' portion of N.J.S.A. 2C:12-3(a) was unconstitutionally overbroad, in violation of the First Amendment ... In Fair, we did not invalidate the entire statute. Thus, N.J.S.A. 2C:12-3(a) remains enforceable to the extent it proscribes a ...

docket:	a2118-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-10
status:	Unpublished
citation:
Document Size:	66675

13 STATE OF NEW JERSEY v. EDWARD FAIRLEY -- rank: 763

... S.A. 2C:39-4(d); third-degree terroristic threats, N.J.S.A. 2C:12-3(a) "and/or" N.J.S.A. 2C:12-3(b); and fourth-degree stalking, N.J.S.A. 2C ...

docket:	a5306-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-20
status:	Published
citation:
Document Size:	62894

14 State v. Wildemar A. Dangcil -- rank: 758

... 2C:29-9(b); third-degree terroristic threats, contrary to N.J.S.A 2C:12-3(a); second-degree attempted aggravated arson, contrary to N.J ...

docket:	a-56-20
court:	NJ Supreme Court
decided:	2021-08-16
status:
citation:
Document Size:	77923

15 STATE OF NEW JERSEY v. MARCUS ST. CLAIRE WHITE -- rank: 755

... A. 2C:39-4(a); and third-degree terroristic threats, N.J.S.A. 2C:12-3(a). The jury found co-defendant Marcus St. Claire White ...

docket:	a5598-12
court:	NJ Superior Court Appellate Division
decided:	2017-07-26
status:	unpublished
citation:
Document Size:	68273