New Jersey Section 2C:21-35 – False public utility employee identification badge, violations, degree of crime.

New Jersey Section 2C:21-35 – False public utility employee identification badge, violations, degree of crime

Section 2C:21-35 of the New Jersey Code of Criminal Justice deals with the offense of possessing or using a false public utility employee identification badge. This law makes it illegal to make, sell, offer, display or use a fake ID badge that falsely claims someone is an employee of a public utility company like an electric, gas, or water company.

The main purpose of this law is to prevent people from impersonating utility workers to gain access to private property or secure infrastructure. Utility employees need to access meters, wires, pipes and other equipment on private and public property. Faking a utility badge could allow criminals to access secure areas and commit further crimes.

Some key points about 2C:21-35:

• It is a 4th degree crime if someone makes, sells, offers or displays a false utility badge. This is the lowest level felony in NJ.
• It is a disorderly persons offense, like a misdemeanor, if someone simply possesses or exhibits a false badge.
• The law applies to badges, ID cards “or other writing” that falsely claims someone works for a public utility company. So it covers fake badges, fake ID cards, or fake paperwork.
• There is no requirement to prove intent or knowledge for the 4th degree crime of making/selling/offering/displaying a false badge. But for possession, the state must prove the person knew the badge was false.
• Up to 18 months in prison for 4th degree crimes; and up to 6 months in jail for disorderly persons offenses. Fines up to $10,000 also possible.

This law can overlap with other criminal charges too. Such as theft by deception if the impersonation is used to steal property. Or burglary charges if it provides access to commit a theft. Prosecutors have discretion on which charges to pursue.

There are some reasonable defenses to 2C:21-35 charges:

• Lack of knowledge – Defendant did not know the badge was false or inaccurate. Applies only to possession charges.
• No intent to use – Defendant possessed a fake badge but never intended to use it. Could argue it was a souvenir or gift.
• Misidentification – Defendant claims they were mistakenly identified and did not actually possess or make the badge in question.
• Entrapment – Defendant was induced by police to commit the crime. Rare defense.

Prosecutors take these cases seriously since the potential public safety implications are so high. But sentencing varies case-by-case based on the specific facts and criminal history. Prosecutors also tend to offer better plea deals for possession compared to making/selling false badges.

Overall the law tries to balance public safety, by deterring impersonation of utility workers, with reasonable penalties based on the severity of each case. It provides law enforcement with another tool to prosecute and prevent identity theft and fraud. But there are still defenses available to the accused if they did not actually intend to use a fake badge for criminal purposes.