New Jersey Section 2C:28-3 – Unsworn falsification to authorities

New Jersey Law on Unsworn Falsification to Authorities

New Jersey law takes a strong stance against providing false information to authorities. Section 2C:28-3 of the New Jersey Code of Criminal Justice deals with the crime of unsworn falsification to authorities. This law makes it illegal to knowingly provide false written statements or create false impressions in writing to mislead public officials performing their duties.

Overview of the Law

The unsworn falsification law covers a few main situations:

• Making false written statements on forms that say false info is punishable. This is a 4th degree crime[1].
• With intent to mislead a public servant, making any written false statement you know is untrue. This is a disorderly persons offense[1].
• With intent to mislead a public servant, purposely leaving out info from a written application to create a false impression. Disorderly persons offense[1].
• Submitting or promoting reliance on forged or false documents. Disorderly persons offense[1].
• Submitting or promoting reliance on any false object like a sample or map. Disorderly persons offense[1].

So in summary, knowingly giving false written info to mislead officials is illegal. The main factor is whether you know the info is false but provide it anyway, with intent to mislead. The severity depends on the situation.

Real World Examples

There are plenty of real cases where people got in trouble for violating 2C:28-3. Here are some examples:

• A New Jersey cop and his wife were convicted when they falsified fundraiser applications for their charity organization[2]. They raised over $400,000 by claiming the money would help police causes, but really they pocketed it.
• A man lied on a gun permit application that he had no prior felony convictions. But he actually had an aggravated assault conviction. He got caught and was charged for unsworn falsification[3].
• A university student submitted forged doctor’s notes to get extensions on assignments and skip exams. The school figured out the notes were fake. She was charged with multiple counts of unsworn falsification[4].
• A businessman lied on an application for minority business status to qualify for a public works contract. He falsely claimed he was a minority even though he wasn’t. He got caught and charged for his false statements[5].

So the law applies very broadly to any situation where someone lies in writing to mislead officials performing duties. Many people don’t realize how serious it is.

Defenses and Challenges

There are some potential defenses if charged under 2C:28-3:

• Lack of intent – If there’s no evidence you intended to mislead, this could help avoid conviction. For example, maybe you reasonably relied on false information from someone else.
• First offense – With no criminal record, first offenders may get a break and avoid jail time. But penalties can be harsher for repeat offenses.
• Mental state – Having a diminished mental state that impacts judgment could potentially help reduce penalties. But an insanity defense is very hard to prove.
• Cooperation – Cooperating with authorities and confessing can sometimes help reduce penalties. But there’s no guarantee.
• Civil violations – In cases involving business licensing or regulations, arguing it’s a civil matter not criminal may help. But again no guarantee.

The biggest hurdle is that 2C:28-3 requires simply “knowing” the info was false. Even if you didn’t intend harm, knowingly providing false info is enough. So defenses are an uphill battle.

Penalties

Like most crimes, penalties under 2C:28-3 depend on the situation and criminal record:

• 4th degree crime – For false statements on forms warning of penalties, up to 18 months jail time.
• Disorderly persons – Up to 6 months jail time. Fines up to $1,000.
• Petty disorderly persons – Up to 30 days jail time. Fines up to $500.
• Probation – Common for first offenses with no criminal history. But future violations could lead to jail time.

Penalties go up if there are multiple charges, or past record of similar offenses. New Jersey does not mess around with official falsification.

When is it a Bad Idea to Lie?

Let’s be honest – there are times people may want to fudge the truth a little on applications and paperwork. But 2C:28-3 makes it clear this is a bad idea in New Jersey.

Even small lies could snowball into criminal charges. It’s safest to be 100% truthful when dealing with:

• Licensing applications – Professional, business, vehicle, gun permits, etc. Even small lies could lead to denial or criminal charges.
• Financial/benefit forms – Seeking grants, welfare, unemployment, disability, etc. Eligibility fraud is taken very seriously.
• Tax and business filings – Underreporting income, profits or other info. Audits catch many false filings.
• Legal statements – Insurance claims, testimony, affidavits, etc. Don’t lie under oath!
• Any statement to officials – During investigations, inspections, traffic stops, etc. Even casual lies could lead to charges.

The bottom line is it’s rarely if ever worth lying on official paperwork or dealings with authorities. The risks virtually always outweigh any potential gain.

How to Avoid Problems

The best advice for avoiding legal issues under Section 2C:28-3 is simple:

• Be truthful in all official paperwork and dealings.
• If unsure about any requested info, clarify with the agency first.
• Consult a lawyer if concerned that truthful answers may still cause problems.
• If a false statement has already been made, consult a lawyer immediately.

Honesty really is the best policy when it comes to written statements given to any public officials or agencies. New Jersey law takes falsification very seriously. Don’t risk jail time and criminal records over lies that rarely remain secret for long anyway.

The Law is Necessary

While it may seem harsh, Section 2C:28-3 serves an important public purpose. Officials need accurate information to perform duties and provide services. And taxpayers deserve fair use of public funds.

Lies and falsehoods undermine the system. They allow the unqualified to get benefits, and cheat deserving applicants. Unchecked falsification enables fraud against government programs meant to serve the public good.

So while the truth may sometimes be inconvenient, 2C:28-3 encourages honesty when it really counts – in official paperwork that guides important decisions. The law aims to promote fairness, qualify the worthy, and deter fraud.