Understanding New Jersey’s Crime of Official Deprivation of Civil Rights Law (Section 2C:30-6)

New Jersey’s crime of official deprivation of civil rights law, also known as Section 2C:30-6, is an important statute that aims to protect citizens against discrimination and infringement of rights by public officials acting in their capacity as government employees. This law makes it a criminal offense for a public servant to knowingly violate someone’s civil rights by subjecting them to unlawful arrest, search, seizure or other infringement of rights.

The purpose of Section 2C:30-6 is to deter public officials from misusing their authority to discriminate or intimidate people based on race, religion, gender, sexual orientation and other protected characteristics. It upholds the constitutional rights of all New Jersey residents to equal treatment under the law.

Key Elements of the Crime

For a public servant to be charged under this statute, prosecutors must prove several key elements:

• The defendant is a “public servant” – meaning a government employee or official acting in an official capacity. This includes police officers, judges, elected officials and more.
• The public servant knowingly violated the law and acted with intent to discriminate or intimidate an individual or group. They have to be aware that their conduct is unlawful.
• The misconduct involves subjecting someone to unlawful arrest, detention, search, seizure of property or other infringement of rights.
• The discrimination is based on the victim’s race, religion, gender, sexual orientation, disability or ethnicity.

All of these elements must be proven beyond a reasonable doubt to convict someone under Section 2C:30-6.

Degrees of the Crime

Like many criminal offenses, official deprivation of civil rights is categorized into varying degrees based on the circumstances:

• 3rd Degree – The basic offense under 2C:30-6 is a 3rd degree crime in New Jersey, punishable by 3-5 years imprisonment.
• 2nd Degree – If the civil rights violation results in bodily injury to the victim, it becomes a 2nd degree offense with a 5-10 year prison sentence.
• 1st Degree – The most severe charge applies if the public servant commits murder, manslaughter, kidnapping or aggravated sexual assault while violating someone’s rights. This is punishable by 10-20 years in prison.

The degree determines how severe the penalties will be if convicted. The 1st degree version is among the most serious criminal charges in New Jersey.

Defenses and Mitigating Factors

Those charged under this statute do have some defenses and arguments that may mitigate the charges:

• Lack of intent – the public servant did not actually intend to violate rights or discriminate. This negates the intent requirement.
• No unlawful conduct – the actions were within the scope of the public servant’s lawful duties and authorities.
• De minimis infraction – the rights violation was minor and caused little or no harm.
• Provocation – the officer was provoked and did not act entirely of their own volition.
• No bodily injury – if no physical harm resulted, the charges cannot be enhanced to 2nd degree.

However, these defenses have limits and prosecutors typically counter with evidence of intent, misconduct, harm and lack of justification. But skilled criminal defense lawyers can raise doubts and gain acquittals in some cases involving official deprivation of civil rights allegations.

Reporting Violations

If you feel your rights have been violated by a public official abusing their position, there are ways to file complaints and trigger investigations:

• Report police misconduct to the Internal Affairs Bureau or County Prosecutor’s Office. This can lead to criminal charges if supported by evidence.
• File a complaint with the government agency the official works for – their human resources or oversight department.
• Consult with a civil rights attorney about a lawsuit against the public servant and government entity for constitutional rights violations under Section 1983.
• Contact activist groups like the ACLU that assist with investigations into official misconduct.

Documentation is key – any photos, videos, witness statements or other evidence you can gather will bolster your case if you choose to report civil rights infringement under Section 2C:30-6. Victims should not suffer in silence if their rights are violated – there are paths to justice under this important New Jersey law.