New Jersey Section 2C:21-27 – Degrees of offense; penalties; nonmerger.
Contents
Forgery and related offenses like identity theft, insurance fraud, and money laundering are serious crimes in New Jersey that carry significant penalties. Section 2C:21-27 of the New Jersey Code of Criminal Justice outlines the degrees of these offenses and the associated penalties and sentencing guidelines. This law aims to punish more severely those who commit large-scale fraud versus minor offenses.
Overview of the Law
Section 2C:21-27 establishes three degrees of forgery and related offenses:
- First degree – If the amount involved is $500,000 or more
- Second degree – If the amount is between $75,000 and $500,000
- Third degree – If the amount is less than $75,000
It also specifies particular forgery-related crimes as third degree offenses, regardless of amount, such as criminal simulation per [2C:21-2](https://law.justia.com/codes/new-jersey/2014/title-2c/section-2c-21-2/).
In addition to imprisonment terms per the degree, the court may impose fines up to $500,000 for first and second degree crimes. The trier of fact determines the amount involved by aggregating transactions conducted as part of one scheme.
Penalties
The penalties under 2C:21-27 depend on the degree of the offense:
First Degree
- 10-20 years imprisonment
- Up to $500,000 fine
Second Degree
- 5-10 years imprisonment
- Up to $500,000 fine
Third Degree
- 3-5 years imprisonment
- Up to $15,000 fine
For first degree crimes, the anti-money laundering profiteering penalty under [2C:21-27.1](https://codes.findlaw.com/nj/title-2c-the-new-jersey-code-of-criminal-justice/nj-st-sect-2c-21-27-1.html) may apply. This allows treble damages of up to three times the amount involved.
Defenses
Common defenses to forgery and related charges include:
- Lack of intent – the defendant did not knowingly commit fraud.
- Duress – the defendant acted under threat or coercion.
- Consent – the victims allowed or authorized the transactions.
- Mistake – the defendant was unaware their actions were illegal.
Raising doubts about intent or knowledge can help achieve acquittal or conviction on a lesser offense.
Recent Cases
Some recent high-profile NJ cases involving 2C:21-27 charges include:
- In 2022, 15 people faced raps for an identity theft ring stealing over $2.5 million. Most charges were 2nd degree.
- In 2021, a contractor was convicted of 2nd degree theft for swindling Hurricane Sandy victims.
- In 2020, three people faced various 2nd and 3rd degree charges for a $350,000 identity theft scheme.
Financial Crimes in New Jersey
New Jersey loses over $1 billion annually to insurance fraud alone. Criminals often target vulnerable populations like the elderly. Common schemes include:
- Staged accidents – Faking car crashes to file injury claims.
- Premium evasion – Lying to illegally obtain lower insurance rates.
- False applications – Using forged documents to secure loans or lines of credit.
- Fake businesses – Creating shell companies to launder money.
Conclusion
Section 2C:21-27 establishes a tiered framework for punishing forgery and related financial crimes in New Jersey. Penalties escalate based on the amounts involved and sentencing guidelines limit judicial discretion. While the law aims to deter fraud, some criticize the punishments as overly punitive. The state continues working to strike the right balance in sentencing those who prey on vulnerable populations.