New Jersey Section 2C:13-5 – Criminal coercion
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New Jersey’s Criminal Coercion Law – What You Need to Know
New Jersey’s criminal coercion law, also known as Section 2C:13-5, makes it illegal to threaten someone to get them to do something against their will. This article will break it down in simple terms, so you understand your rights and responsibilities under this law. We’ll also chat about real-world examples, penalties, and defenses so you can make smart choices. Let’s dive in!
The Basics
In a nutshell, 2C:13-5 says you can’t threaten someone to get them to do, not do, or tolerate something they don’t want to. The threats can be against the person, their property, their reputation, or anyone or anything else they care about.Some examples:
- Threatening to hurt someone unless they pay you money
- Threatening to share embarrassing photos unless someone goes on a date with you
- Threatening to get someone fired unless they falsify records for you
See what I mean? It’s using fear and intimidation for control. Not cool.The law also bans threatening someone to:
- Influence their testimony in an official proceeding
- Cause them not to report a crime or give info to the police
- Influence their vote or political action
More on that later.<h3>Key Elements of Criminal Coercion</h3> For the threat to be criminal coercion, it must:
- Reasonably cause fear of harm to any person or property
- Be to restrict another’s freedom of action to their detriment
- Be communicated in a way that’s likely to cause annoyance or alarm
The threat doesn’t actually need to happen. Just making it is enough.
Examples from Real Life
Sadly, criminal coercion happens more than you’d think. Here are some real-world examples:
- An ex-boyfriend threatens to share revealing photos of his ex if she doesn’t get back together with him
- A gang member threatens to beat up a store owner if he doesn’t pay “protection” money every month
- A crooked cop threatens to arrest a witness if she testifies against his colleague
See the common thread? Leveraging fear and intimidation for control or gain.
Penalties and Punishment
If convicted of criminal coercion in NJ, it’s a crime in the third degree. That means:
- 3-5 years in prison
- Fines up to $15,000
- Both jail time and fines
That’s just for a single offense without injuries or other circumstances. Penalties can go up if:
- Committed during a riot or unlawful assembly
- The threat involves weapons or violence
- Part of an ongoing criminal operation or enterprise
- The victim is under 18, disabled, or over 65
Like all crimes, penalties get harsher with each subsequent offense.
Defenses to Criminal Coercion Charges
Facing criminal coercion charges? Some possible defenses include:
- You didn’t actually threaten them. If you didn’t make any threat at all, you can’t be guilty of criminal coercion.
- The threat wasn’t real. If you made an idle threat with no intention to actually carry it out, that speech is protected. But the threat does need to be realistic and plausible to the victim.
- The threat was justified. Threats made in self-defense or under other legally justified circumstances may not qualify as criminal coercion.
An experienced criminal defense lawyer can evaluate the details of your case and build the strongest defense. Don’t go it alone.
When Threats Cross the Line
Free speech is one thing. But when threats take away freedom and autonomy, that’s coercion. Where exactly is the line? There’s no single answer. It often comes down to circumstances and degrees.For example, loosely saying “I’ll kill you if you take the last donut” to your sibling is likely protected speech. But telling your ex the same thing during a heated argument is on shakier ground.When in doubt, take the high road. Find non-threatening ways to deal with conflicts or disagreements. Protect your rights and safety, but respect others’ freedom as well.
Staying on the Right Side of the Law
I hope this breakdown gave you a better understanding of New Jersey’s criminal coercion statute. While the law tries to walk the line between free speech and dangerous threats, there are still grey areas.When venting frustration or asserting boundaries, be mindful of how your words could affect someone else’s sense of safety and autonomy. Express yourself, but avoid vague or ominous threats that could cause real distress.If charged with a coercion crime, don’t panic. An experienced criminal lawyer can help ensure your rights are protected. They know how to interpret the law in your favor, challenge questionable evidence, and build a solid defense.At the end of the day, treat others how you want to be treated. Don’t let anger or disagreement escalate to intimidation or threats. Stay safe out there, and make smart choices!