New Jersey Section 2C:21-16 – Securing execution of documents by deception

New Jersey’s law against securing execution of documents by deception, Section 2C:21-16, makes it a fourth-degree crime to cause someone to sign a document by lying about what’s in it. This law is meant to prevent fraud and protect people from being tricked into agreements they don’t understand. But what exactly does it cover, and what are the implications? Let’s break it down.

The Basics

Section 2C:21-16 states that anyone who uses deception about what’s in a document to get someone else to sign or execute that document has committed a fourth-degree crime. “Deception” means purposely lying or intentionally leaving out facts to create a false impression. And “execute” means to sign or otherwise finalize the document.

So in plain English, you can’t trick someone into signing something by lying about what’s in it. That’s considered a criminal act in New Jersey.

The law applies to all kinds of binding documents – contracts, deeds, loans, etc. The document itself can be in any form too, whether it’s a physical paper document or an electronic signature on a PDF. As long as your lies get someone else to formally approve that document, you’ve likely violated 2C:21-16.

Penalties

A fourth-degree crime in New Jersey can lead to up to 18 months in prison and fines up to $10,000. But for first-time offenders with no serious criminal history, there’s a good chance of getting probation instead of jail time.

Still, a criminal conviction makes it much harder to get jobs, loans, housing, and other opportunities in the future. And any fraud over $500 will stay on your permanent record. So securing execution by deception shouldn’t be taken lightly.

Real World Examples

What does this look like in the real world? Here are some examples of violations:

• A car dealer lies about the terms of a financing agreement to convince a customer to sign the contract. When the buyer realizes they’re paying more than promised, the dealer has committed securing execution by deception.
• A contractor shows a homeowner fake licenses and credentials to get their signature on a remodeling contract. When the homeowner learns the contractor isn’t properly licensed, that’s likely a violation of 2C:21-16.
• An employee signs a non-compete agreement after their boss falsely claims the document is just a confidentiality agreement. The boss deceived them into executing a binding contract.
• A lender tells a borrower that a loan document is just an application when it’s really a promissory note. By misleading the borrower into signing, they violated the law against securing execution by deception.

Defenses

There are a few defenses that can potentially beat a charge under 2C:21-16:

• No intent to deceive: If you can show you didn’t mean to mislead the other party, but simply made an honest mistake, you may be able to avoid conviction. However, the deception has to be unintentional.
• No reliance on deception: If the other party didn’t actually rely on or believe your false statements, then your lies didn’t cause them to sign the document. This could weaken the prosecution’s case.
• Unenforceable contract: In some cases, a contract signed under deception may be void or voidable under civil law. This could help mitigate the criminal charges. However, it’s not a complete defense on its own.
• Withdrawal: If you correct the deceptive statements and give the other party a chance to back out of the agreement, you may be able to avoid prosecution. But the withdrawal has to happen quickly, before the contract is executed.
• Lack of materiality: Deception about non-important aspects of the agreement may not be enough to justify charges. The lies have to be material – i.e. related to significant provisions of the contract.

Proving Execution by Deception

As the prosecution, the state has the burden of proving execution by deception beyond a reasonable doubt. That means they need strong evidence that:

1. You made false statements about the contents of the document
2. You intended to deceive the other party by doing so
3. The other party relied on your lies and signed the document
4. Your deception was the primary reason the document was executed

Without solid proof of intent, reliance, and causation, the charges are unlikely to stick. But if the prosecution has emails, recordings, or witness testimony showing your deliberate deception led directly to the signing, you’ll have an uphill battle fighting the charges.