Compounding is a serious crime in New Jersey that involves accepting money or other benefits in exchange for not reporting a crime.

This article will explain what compounding is, the penalties for it, and some key things to know about defending against a compounding charge.

What is Compounding?

New Jersey’s compounding law is found in Section 2C:29-4 of the state’s criminal code. It states that a person commits compounding if they accept or agree to accept any financial or other benefit in exchange for not reporting a crime to law enforcement.

In other words, compounding involves taking a bribe to keep quiet about someone else’s criminal activity. It does not matter if the underlying crime being concealed actually occurred or not – merely agreeing to accept a benefit for not reporting it is enough.

Some examples of compounding would include:

• A woman accepts $5,000 cash from her neighbor in exchange for not telling police that he is growing marijuana plants in his basement.
• A man agrees to let his friend borrow his car for a month if his friend pays him $2,000 for not reporting an assault he witnessed.
• An employee decides not to tell her boss about witnessing another employee stealing equipment after the thief promises her a share of the profits if she keeps quiet.

In each case, the person has committed compounding by taking money or other benefits in return for concealing a crime, whether real or fabricated.

Penalties for Compounding

Compounding is a very serious offense in New Jersey. It is a third-degree crime if the underlying offense being concealed would be a disorderly persons offense or petty disorderly persons offense. If the underlying crime is a first, second, third or fourth degree criminal offense, then compounding becomes a crime of the second degree.

The potential penalties for a compounding conviction are:

• Third Degree – 3-5 years in prison and fines up to $15,000.
• Second Degree – 5-10 years in prison and fines up to $150,000.

In addition to incarceration and fines, a compounding conviction also subjects the defendant to a permanent criminal record and other collateral consequences like loss of certain professional licenses.

Defenses to Compounding Charges

There are several legal defenses that a skilled criminal defense attorney can raise if you are charged with compounding under Section 2C:29-4. Some potential defenses include:

You Did Not Actually Accept a Benefit

The prosecution has to prove you agreed to accept money or some other benefit in exchange for staying silent. If you never actually took anything, then you have a strong defense.

For example, if someone merely offered you money to stay quiet but you refused it, you did not commit compounding. The crime requires actually taking a bribe, not just discussing it.

The Amount Was Reasonable

New Jersey law allows an affirmative defense to compounding if the benefit received was reasonably believed to be due for lawful services.

So if you had a legitimate reason for accepting money from someone that was unrelated to concealing a crime, you may not be guilty of compounding. For instance, if you performed work for them and were paid a normal fee, that could provide a defense.

You Did Not Actually Conceal a Crime

In order to prove compounding, the prosecution has to show you agreed not to report a crime. If the alleged underlying crime did not actually happen, or you did not really intend to conceal it, then you are not guilty.

For example, if you pretended to agree to keep quiet about a made-up crime as part of an undercover investigation, you did not really commit compounding. There was no actual crime concealed.

Take Compounding Charges Seriously

Compounding charges must be taken very seriously given the steep penalties. An attorney can carefully evaluate the prosecution’s evidence and determine if you have any viable defenses. In some cases, it may be possible to get the charges reduced or even dismissed through effective negotiation.

Don’t risk your future by trying to navigate a compounding charge alone. Get experienced legal help fighting these allegations. The sooner an attorney can get involved, the better your chances of the best possible outcome.