New Jersey’s Use of a Minor Law: What You Need to Know

The Scope of the Law

Section 2C:24-9 applies broadly to any situation where an adult involves a minor in criminal conduct. Some examples of violations could include:

• An adult who hires a 16-year-old to shoplift merchandise from a store.
• An adult who directs a 15-year-old to vandalize property.
• An adult who conspires with a 14-year-old to sell illegal drugs.

The law covers completed crimes as well as inchoate crimes like attempts, conspiracy, and solicitation. So merely asking or directing a minor to commit a crime is enough, even if the criminal act itself does not ultimately occur.

Notably, Section 2C:24-9 does not apply in two specific circumstances:

• When the minor is used to shoplift merchandise worth less than $200 (covered by N.J.S. 2C:20-17).
• When the minor is used in drug distribution activities (covered by N.J.S. 2C:35-6).

In those two instances, the separate statutes dealing with shoplifting and drug crimes govern instead. But otherwise, Section 2C:24-9 is broad and sweeping in its coverage.

Penalties Under the Law

Violating New Jersey’s use of a minor statute is generally a fourth-degree crime. Fourth-degree crimes carry penalties of up to 18 months imprisonment and $10,000 in fines. However, if the underlying offense that the minor was used to commit is a disorderly persons offense, then the use of a minor charge is also downgraded to a disorderly persons offense.

Disorderly persons offenses are petty offenses that carry up to 6 months in jail. Examples of disorderly persons offenses include simple assault, bad checks, and public intoxication.

So in summary:

• If the minor commits or is used for a felony or misdemeanor = 4th degree crime for adult
• If the minor commits or is used for a petty disorderly persons offense = disorderly persons offense for adult

Judges have wide discretion in sentencing, so the punishment imposed could potentially be less than the maximums described above. But those are the harshest penalties defendants face under Section 2C:24-9.

Defenses to the Charge

What kind of defenses are available if you are accused of using a minor to commit a crime in New Jersey? There are a few options:

Lack of Knowledge of Age

The law explicitly states that it is no defense that the adult defendant mistakenly believed the minor was 18 or older. But if you truly had no knowledge or reason to know the individual was under 17, this may help undermine the prosecution’s case. They have to prove you knowingly used a minor, and a reasonable mistake of age could create doubt.

Minor Committed No Crime

It’s also a defense to argue that the minor did not in fact commit any criminal offense. If their actions did not rise to the level of a criminal violation under New Jersey statutes, then an essential element of Section 2C:24-9 is missing.

Of course, the viability of any defense will depend on the specific facts and evidence in your case. Consulting with an experienced New Jersey criminal defense lawyer is advisable to craft the best defense strategy.

Potential Collateral Consequences

Because a conviction under Section 2C:24-9 is a fourth-degree felony in most cases, there are a number of collateral consequences that could arise in addition to potential jail time:

• Difficulty finding future employment, as many employers conduct background checks
• Potential loss of professional licenses or certifications
• Loss of the right to possess a firearm
• Deportation if not a U.S. citizen
• Ineligibility for student loans and public housing

Any conviction, even for a misdemeanor, can negatively impact your life in lasting ways. Be aware of all the possible repercussions before deciding how to proceed.