New Jersey Section 2C:21-7.2 – Definitions

New Jersey Section 2C:21-7.2 – Definitions

New Jersey Section 2C:21-7.2 provides definitions for key terms used in the state’s laws regarding deceptive business practices. This section is part of the broader Chapter 21 of Title 2C, which covers forgery and related offenses in the New Jersey Code of Criminal Justice.

Key Definitions

Section 2C:21-7.2 defines the following key terms:

• Advertise: Engaging in promotional activities including, but not limited to, newspaper, radio and television advertising; the distribution of fliers, circulars, handbills, pamphlets, or other sales literature; or any other means by which promotions may be published or disseminated[1].
• Business entity: Any natural person, corporation, unincorporated association, partnership, joint venture, limited liability company, limited liability partnership, or other entity, excluding a government agency or subdivision thereof, engaged in business or commercial activities[1].
• Merchandise: Any objects, wares, goods, commodities, intangibles, securities, bonds, debentures, stocks, real estate or services[1].
• Person: Any natural person or the estate of any natural person, or any corporation, unincorporated association, partnership, joint venture, limited liability company, limited liability partnership, trust, other business entity or government agency or subdivision thereof[1].
• Sale: Any sale, rental, distribution, offer for sale, rental or distribution, attempt to sell, rental or distribution, or any other form of transfer for a commercial purpose, including transactions conducted through sales outlets, catalogs or the Internet or any other similar electronic means[1].
• Service: Any activity which is performed in whole or in part for the purpose of financial gain, including but not limited to any activity to repair, restore, maintain, assemble, manufacture, handle, transport, store, clean, print, publish, sell, offer for sale or lease, rent, lease, display, perform, exhibit, broadcast, transmit, photograph, illustrate, advertise or promote any goods, property, tangible or intangible, real, personal or mixed, or any rights therein provided for consideration or any other activity performed in whole or in part for the purpose of financial gain[1].
• Trade or commerce: The advertising, offering for sale, sale, or distribution of any services, any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State[1].

Purpose of Definitions

These definitions establish the scope of activities and entities that can potentially be subject to prosecution under New Jersey’s laws prohibiting deceptive business practices[2]. By clearly defining key terms like “person,” “business entity,” “trade or commerce,” and “advertise,” the legislature provides notice to individuals and businesses of what types of conduct are prohibited and can result in criminal penalties if violated.

The definitions help distinguish between personal activities that fall outside the scope of the law, and those undertaken for commercial purposes that could potentially constitute deceptive business practices if done in a fraudulent or misleading way. They also ensure that the law’s prohibitions apply broadly to various types of business structures and transactions, not just traditional sales of goods.

Relation to Other Laws

Section 2C:21-7.2 works together with other parts of Chapter 21 to criminalize certain fraudulent, misleading, and dishonest business activities. For example:

• Section 2C:21-7 prohibits deceptive business practices more generally, such as bait advertising, false pretenses, frauds, and misrepresentations[3].
• Section 2C:21-7.3 makes it a disorderly persons offense to engage in certain types of false advertising and representations regarding merchandise or services[4].
• Section 2C:21-7.4 establishes penalties for violating cease and desist orders related to deceptive business practices[5].

By providing clear definitions, Section 2C:21-7.2 allows these other laws prohibiting deceptive trade practices to be applied consistently and as intended. The terms defined in 2C:21-7.2 appear throughout Chapter 21 and help connect its various parts targeting similar types of commercial frauds and misrepresentations.

Analysis of Key Definitions

Some notable aspects of how Section 2C:21-7.2 defines key terms include:

• Broad Scope of “Person”: By defining “person” to include individuals, businesses, partnerships, trusts, and government agencies, the law covers deception by a wide array of entities, not just private companies.
• Inclusion of Intangibles: The definition of “merchandise” encompasses not just tangible goods, but also intangibles like services, securities, bonds, and real estate. This addresses deceptive practices that do not involve a physical product.
• Focus on Commercial Nature: Terms like “trade or commerce” and “financial gain” indicate the law is concerned with transactions and activities undertaken for commercial purposes, not purely private conduct.
• Advertising and Promotions Included: The definition of “advertise” broadly includes all types of promotional activities, both traditional advertising and newer digital marketing tactics.
• Services as Well as Goods: “Services” are defined to include activities performed for financial gain, showing the law applies to deception regarding services as well as physical goods.

Defenses

Since violations of New Jersey’s deceptive business practices laws can be charged as crimes, defenses available to defendants include those typical in criminal cases. Some potential defenses include:

• Lack of intent – the defendant did not knowingly or purposefully engage in deception.
• Free speech – the statements were simply opinions or non-commercial speech protected by the First Amendment.
• Compliance with regulators – the defendant relied in good faith on guidance from or approval by government agencies.
• No harm occurred – the alleged deception did not cause any actual injury or damages.

Much may depend on the specific facts and nature of the purported deception. Consultation with a criminal defense attorney is advisable to assess possible defenses and trial strategy.

Penalties

Under Section 2C:21-7.3, violations of New Jersey’s laws against false advertising and misrepresentations are disorderly persons offenses. Convictions can result in:

• Up to 6 months imprisonment
• Fines up to $1,000
• Restitution to victims
• Probation up to 2 years

Businesses convicted of deceptive practices may also face:

• Cease and desist orders
• Suspension or revocation of licenses
• Loss of contracts and ability to do business with government agencies

These penalties demonstrate the seriousness with which New Jersey treats consumer fraud and dishonest business practices. The definitions in Section 2C:21-7.2 help set the boundaries for what types of conduct may lead to prosecution and punishment.

References

[1] https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-21-7-2/

[2] https://casetext.com/statute/new-jersey-statutes/title-2c-the-new-jersey-code-of-criminal-justice/chapter-2c21-forgery-and-related-offenses

[3] https://codes.findlaw.com/nj/title-2c-the-new-jersey-code-of-criminal-justice/nj-st-sect-2c-21-7.html

[4] https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-21-7-3/

[5] https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-21-7-4/