New Jersey Section 2C:27-5 – Retaliation for past official action

New Jersey’s retaliation law, Section 2C:27-5, makes it illegal to harm someone in retaliation for their past service as a public servant, witness, informant, or in any other official capacity. This law protects people from being targeted with harm because of actions they took in an official role in the past.

What Does the Law Say?

The exact text of Section 2C:27-5 states that “A person commits a crime of the fourth degree if he harms another by any unlawful act with purpose to retaliate for or on account of the service of another as a public servant, witness, or informant.”

So in plain English, you can’t intentionally harm someone because of their past service as a public official, witness, informant, or anything similar. The crime is a 4th degree offense in New Jersey.

Some key points about this law:

• It applies to any “unlawful act” used to harm the person, which could include assault, property damage, harassment, or other crimes.
• The victim must have served in an “official capacity” as a public servant, witness, informant, etc.
• The act must be done in “retaliation” for their service – so there must be intent to get back at them for their official actions.
• Many court cases have upheld convictions under this law when these conditions are met.

What Does This Protect Against?

The purpose of Section 2C:27-5 is to allow public servants, witnesses, informants and others to fulfill their duties without fear of reprisal.

For example, it aims to prevent:

• Attacks against police officers as retaliation for past arrests.
• Intimidation of witnesses who previously testified in court cases.
• Threats against inspectors who previously cited a business for violations.
• Harassment of informants who previously provided tips to law enforcement.

Without this law, many people might be reluctant to serve in official capacities because they could open themselves up to retaliation. It helps remove that barrier.

What Are Some Examples From Case Law?

There have been many court cases upholding retaliation convictions under 2C:27-5 when the circumstances clearly showed intent to retaliate against someone’s past official actions.

For example:

• State v. Hill – The defendant threatened and assaulted a police officer who had arrested him in the past. The court found he had retaliated under 2C:27-5.
• State v. Still – The defendant slashed the tires of a woman who had testified against him in an earlier trial. This was ruled as retaliation.
• State v. DeMarco – After being cited for health code violations, a restaurant owner assaulted the health inspector. The assault was deemed retaliatory.

So the law has provided protection in many real-world cases where someone tries to “get back” at another person for simply doing their job or civic duty in the past. The retaliation charges offer additional punishment on top of any related crimes.

What Are Some Defenses People Can Raise?

Those charged under 2C:27-5 do have some possible defenses to explore:

• Lack of intent – The defendant can claim they did not actually intend to retaliate against the victim’s past official actions. There has to be clear evidence of retaliatory intent.
• Self-defense – Harming someone in true self-defense is not unlawful, so it may negate a retaliation charge in some cases.
• First Amendment – The First Amendment protects freedom of speech, so threats or harassment may be defended as free speech in some cases. However, true threats are not protected speech.
• Mistaken identity – The defendant can claim they mistook the victim for someone else who had not served in an official capacity in the past. This may defeat the retaliation charge.

But the prosecution often has extensive evidence of intent to retaliate, making defenses difficult. Still, an experienced criminal defense lawyer may be able to negotiate reduced charges or sentencing in some cases.

What Are the Penalties Under Section 2C:27-5?

As mentioned earlier, a retaliation conviction under this law is a 4th degree crime in New Jersey. Penalties can include:

• Up to 18 months in jail.
• Fines up to $10,000.
• Probation up to 5 years.
• Community service.
• Restitution to the victim.

Much depends on the specific circumstances of the case and the defendant’s criminal history. But judges tend to take these charges seriously, given the public policy implications. The goal is to deter future retaliation against those serving the public good.

Final Thoughts

Section 2C:27-5 serves an important public purpose in New Jersey. It aims to prevent intimidation or attacks on those who serve official functions, by allowing additional charges and penalties.

However, critics note it can be misapplied in some cases where intent isn’t truly retaliatory. Accused individuals should explore defenses with an experienced attorney. But when applied properly, this law upholds civic participation and justice.