New Jersey Section 2C:30-7 – Crime of pattern of official misconduct

Understanding New Jersey’s Crime of Pattern of Official Misconduct

New Jersey’s crime of pattern of official misconduct, codified in Section 2C:30-7 of the state’s criminal code, is an important statute that aims to deter and punish public officials and employees who engage in repeated misconduct in their official roles. This crime can carry severe penalties, so it is critical for public servants and their legal counsel to understand it fully.

The Basics of Section 2C:30-7

New Jersey’s pattern of official misconduct statute makes it a second or third degree crime for a public official or employee to commit two or more acts that violate the state’s official misconduct law (Section 2C:30-2) or official deprivation of civil rights law (Section 2C:30-6). The grading of the offense depends on whether any of the predicate acts are first or second degree crimes themselves.

To be convicted under Section 2C:30-7, the misconduct does not need to be part of a common scheme or plan. The statute focuses on the pattern, regardless of whether the acts are related. This sets it apart from how conspiracy or racketeering charges work.

Scope of the Law

The pattern of official misconduct statute applies broadly to any “public officer or employee under the government of this State, or any political subdivision thereof.” This includes appointed and elected officials at all levels of state and local government, as well as paid employees and even unpaid volunteers like volunteer firefighters (State v. Quezada).

The law aims to hold public servants to high standards of conduct and integrity. It recognizes the immense trust placed in them and their unique ability to deprive others of rights, benefits or privileges.

Penalties

A pattern of official misconduct conviction carries much harsher penalties than a single official misconduct or civil rights violation. It is a second degree crime if any of the predicate acts are first or second degree offenses themselves. All other violations are third degree crimes.

Second degree crimes carry a penalty of 5-10 years in prison and a fine up to $150,000. Third degree crimes carry 3-5 years in prison and a fine up to $15,000. Defendants face a mandatory minimum prison term if they were public officials or employees.

Courts also impose employment-related penalties like forfeiture of public office and pension. Prior convictions do not merge for sentencing purposes.