New Jersey Law Makes It a Crime to Use a Pager While Committing Certain Crimes

New Jersey has a specific law that makes it a fourth-degree crime to use a pager or other remotely activated device while committing certain offenses. Let’s take a closer look at this law – N.J.S.A. 2C:33-20 – and what it means.

What Does the Law Say?

The law states that it is a fourth-degree crime for someone to use a “remotely activated paging device” while engaged in committing, attempting to commit, or fleeing after committing or attempting to commit any crime listed in Chapters 35 or 36 of the New Jersey Code of Criminal Justice (N.J.S.A. Title 2C) [1].

Essentially, this law targets people who use pagers or similar communication devices while in the process of committing serious crimes like murder, manslaughter, kidnapping, sexual assault, robbery, burglary, theft and forgery. The law treats the use of such devices during these crimes as a separate fourth-degree offense.

What is a Fourth-Degree Crime in New Jersey?

Fourth-degree crimes are considered less severe than first, second and third-degree crimes under New Jersey law. A fourth-degree crime can be punishable by up to 18 months in prison and fines up to $10,000[2].

So while using a pager during a crime does not increase the underlying charge, it adds a layer of additional criminal liability and potential penalties.

What is a “Remotely Activated Paging Device”?

The law uses the term “remotely activated paging device” to refer to pagers and similar communication tools. This covers any device that can receive transmissions or messages from another source remotely.

Two-way pagers were more common when the law was enacted in 1989. But today, the law likely applies to a wider range of devices like cell phones, radios and other wireless communications that allow remote activation.

What is the Purpose of this Law?

The law aims to deter and punish criminals who use communication devices that allow coordination with accomplices or get-away drivers. This disrupts the ability to commit crimes in an organized manner.

For example, a robber could use a pager to silently signal accomplices once a robbery is completed to aid in escape. The law specifically targets these sorts of uses of communication devices during criminal acts.

What Defenses are Available?

A person charged under this law may argue they were not actually using the device to further the commission of a crime.

For example, if they received an incoming call or message unrelated to the crime, this may negate the charge. Or if the device was not used at all during the criminal act, there would be no violation.

Mistaken identity may also be a defense if the person can show they were not the one who used the device. It must be proven beyond reasonable doubt that the specific defendant unlawfully used a prohibited device.

What are Some Examples of Prohibited Use?

Here are a few examples of how this law may apply in real cases:

• A burglar robbing a home uses a cell phone to text accomplices waiting in a getaway vehicle once the robbery is complete.
• A kidnapper uses a two-way radio to communicate with accomplices during the commission of the kidnapping.
• A group of vandals spray painting graffiti on a building use walkie-talkies to coordinate their activities and avoid detection.
• A shoplifter utilizes a Bluetooth earpiece to talk to a getaway driver right before exiting a store after shoplifting.

In each case, the use of the communication device to further the underlying crime would violate N.J.S.A. 2C:33-20.

How is this Law Enforced?

This law allows prosecutors to tack on additional charges when a communication device appears to have been used in an organized criminal act. This provides law enforcement with another tool to disrupt organized crime.

To obtain a conviction, prosecutors must prove the defendant’s use of a prohibited device was directly tied to the commission of the underlying offense. Mere possession of such a device would not constitute a violation.

Controversies and Challenges

Some legal advocates have argued these types of laws unfairly punish people for ordinary behavior. For example, someone receiving a routine call during a crime would suddenly be exposed to additional charges.

There are also concerns that the broad definition of “remotely activated paging device” could include all cell phones and even music players. This makes the law far-reaching.

However, prosecutors argue the law provides an important deterrent against the type of organized criminal activity facilitated by communication devices. It is limited only to serious predicate crimes already prohibited under New Jersey law.

Bottom Line

N.J.S.A. 2C:33-20 serves as a unique tool for deterring and punishing certain uses of pagers, cell phones and other devices when connected to the commission of serious crimes. Anyone who may be implicated under the law should retain legal counsel to explore possible defenses. But ultimately this law allows law enforcement to disrupt organized criminal acts by making the use of certain communication devices during their commission a separate punishable offense.