N.J.S.A. 2C:35-4.1 – Booby Traps and Fortification of Premises Used to Distribute CDS

Booby Traps and Fortified Drug Houses: What New Jersey Law Says

Hey there! If you’re reading this, you’re probably interested in learning more about New Jersey’s laws regarding booby traps and fortified premises used for selling drugs. As a lawyer in the Garden State, I see cases involving this issue from time to time. It’s an interesting corner of criminal law that not too many people know much about.

In this article, I’ll give you the lowdown on N.J.S.A. 2C:35-4.1, the statute which makes it illegal to fortify property used for drug distribution or to set up booby traps on those kinds of premises. We’ll look at what exactly the law says, some examples of what it prohibits, penalties for breaking it, and potential defenses. There’s a lot of interesting stuff here, so let’s dive in!

Overview of the Law

New Jersey’s booby trap law landed on the books in the late 1980s during the War on Drugs heyday. The idea was to give law enforcement more tools to go after drug trafficking operations. The statute makes it a third-degree crime to fortify a structure used for making, storing, or selling drugs or to set up any kind of booby trap device on such a property.

That’s the 30,000 foot view. Now, let’s get into the nitty-gritty details.

What Exactly Does the Law Prohibit?

There are two main things the statute bans:

1. Fortifying Structures

You can’t alter or reinforce any building, room, or enclosure to try to prevent police from entering. Common examples I’ve seen in cases include:

• Installing extra locks, bars, or barriers on doors or windows
• Blocking or barricading entrances in other ways
• Putting up fences with locked gates around the property

Basically, anything done to a structure to make it harder for cops to get inside or see what’s going on.

2. Setting Booby Traps

This refers to rigging up any device designed to harm someone entering the premises. Some possibilities:

• Trip wires hooked up to explosives
• Electrified doors or windows
• Spring-loaded guns or spikes
• Releasing dangerous chemicals or animals

You get the idea – nasty stuff intended to deter police or hurt them. Thankfully, I haven’t seen too many cases involving devices this dangerous.

Penalties Under the Law

As mentioned earlier, violating either the fortification or booby trap provision is a third-degree crime. That means potential penalties of:

• 3-5 years in prison
• Fines up to $15,000
• Both jail time and fines

The statute also says there is a mandatory minimum sentence of three years if the structure is fortified or booby-trapped while a child under 18 is present inside.

So in other words, the consequences for breaking this law are pretty darn serious. Not something to mess around with.

Possible Defenses

Folks charged under this statute have a few options to try to fight the accusations:

• Lack of knowledge – Argue you had no idea modifications were made or traps set up. This is tougher if it’s your home or property.
• Other purposes – Claim the fortifications or devices were for other reasons like protection from burglars. But evidence of drug activity on site works against this.
• Free speech – Allege the law violates First Amendment rights. But courts have said the law targets conduct, not expression.

As you can see, defenses are limited. Prosecutors usually have ample evidence from crime scenes to get convictions. But a creative lawyer may find some holes to exploit, especially if the facts are favorable.

Bottom Line

That wraps up this crash course on New Jersey’s laws regarding fortified drug dens and booby traps! I know it was kind of a whirlwind tour covering a niche statute. But I hope you found it interesting and picked up some useful bits of legal trivia.

If you’re facing criminal charges related to this law, be sure to talk with an experienced defense attorney right away. Don’t try to go it alone against prosecutors. A lawyer who knows the ins and outs of this statute will give you the best shot at beating the rap.

And of course, my advice is to avoid the drug trade altogether. But if you ever find yourself caught up in it, definitely don’t start fortifying buildings or setting traps! That’ll just make a bad situation way worse.

Let me know if you have any other questions about criminal law topics. I’m always happy to chat and point you to good informational resources. Stay safe out there!