New Jersey Section 2C:21-7.3 – False representation

New Jersey Section 2C:21-7.3 – False representation

New Jersey’s false representation law, codified as Section 2C:21-7.3 of the New Jersey Code of Criminal Justice, makes it illegal for a person to make certain false statements or misrepresentations in order to obtain property or services. This law aims to criminalize fraudulent behavior that results in unlawful financial gain.

Key Elements of the Law

There are a few key elements that prosecutors must prove to convict someone under this statute:

• The defendant made a false representation about their identity, authority, or status. Common examples are falsely claiming to be a police officer, lawyer, doctor, government official, veteran, charity worker, etc.
• The defendant intended to obtain property or services, or intended to injure someone else’s property or business. There must be evidence they meant to gain something tangible through the deception.
• The false representation was made verbally or in writing, such as through words, actions, or forged documents. Lying by omission does not qualify.
• The property or services obtained were worth over $500. If under $500, it may still be a disorderly persons offense[1].

Scope of the Law

Section 2C:21-7.3 covers a wide range of fraudulent conduct involving false representations. Police often use it to charge individuals who impersonate government workers, law enforcement, contractors, or medical professionals as part of a scam.

It can also apply to someone using a fake identity or credentials to obtain loans, housing, medical care, or other services. Examples include using a false name and social security number on a loan application, or forging a degree to get a job and salary.

Certain false statements are covered by more specific laws, like identity theft, forgery[1], or insurance fraud. But many cases of lying to improperly obtain property fall under 2C:21-7.3.

Penalties and Defenses

Violating 2C:21-7.3 is a crime of the third degree in New Jersey if the amount involved exceeds $500. Third degree crimes carry a potential prison sentence of 3-5 years and a fine up to $15,000[1]. If the amount is under $500, it drops to a disorderly persons offense with up to 6 months in jail.

Defendants may argue they did not have intent to deceive or did not actually obtain property through deception. Mistaken identity or authority may also be a defense if there was a good faith reason to believe one’s representations were true. But strict liability applies regarding the amount obtained, so lack of knowledge is not a defense.

Analysis and Implications

While often viewed as a white collar offense, Section 2C:21-7.3 applies to anyone who lies or commits fraud to unlawfully obtain something of value. It provides an important tool for prosecuting and deterring scams and deception.

However, critics argue it can be misused to target the homeless or others making false statements out of necessity, not criminal intent. There are also concerns that the $500 threshold is low compared to other fraud laws. Overall, Section 2C:21-7.3 attempts to balance criminalizing fraudulent behavior against potential overreach.

Sources

[1] New Jersey Statutes 2C:21-1 – Forgery and Related Offenses

New Jersey Statutes 2C:21-17 – Impersonation; Theft of identity; crime

New Jersey Statutes 2C:21-4.6 – Crime of insurance fraud

New Jersey v. Lisa, 61 N.J. Super. 50 (1960)

The Marshall Project – When Lying About Your Identity Is a Crime