Rutgers Law

New Jersey Statutes, Title: 2C, THE NEW JERSEY CODE OF CRIMINAL JUSTICE

    Chapter 43: Degrees of crimes

      Section: 2C:43-6.8: Sentencing for offenses involving domestic violence.

          4. a. Notwithstanding the provisions of subsection f. of N.J.S.2C:44-1, a person convicted of any of the following crimes of domestic violence, as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), shall be sentenced in accordance with subsection b. of this section:

(1) Homicide, pursuant to N.J.S.2C:11-1 et seq.;

(2) Aggravated assault, pursuant to paragraph (1), (2), (3), (4), (6), (7) or (8) of subsection b. of N.J.S.2C:12-1;

(3) Assault by auto or vessel, pursuant to subsection c. of N.J.S.2C:12-1;

(4) Kidnapping, pursuant to N.J.S.2C:13-1;

(5) Criminal restraint, pursuant to N.J.S.2C:13-2;

(6) Sexual assault, pursuant to N.J.S.2C:14-2; or

(7) Criminal sexual contact, pursuant to N.J.S.2C:14-3.

b. (1) Unless the provisions of any other law provide for a higher mandatory minimum term of imprisonment, a person convicted of a crime of domestic violence set forth in subsection a. of this section shall be sentenced to a term of imprisonment as follows: for a second or subsequent crime of the fourth degree set forth in subsection a. of this section, 18 months; for a second or subsequent crime of the third degree set forth in subsection a. of this section, five years; for a crime of the second degree, 10 years; and for a crime of the first degree, 20 years.

(2) The term of imprisonment imposed pursuant to paragraph (1) of this subsection shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.

L.2016, c.91, s.4.

This section added to the Rutgers Database: 2017-01-18 09:44:16.

Older versions of 2c:43-6.8 (if available):

Court decisions that cite this statute: CLICK HERE.