New Jersey Section 2C:33-30 – Crime of promotion of organized street crime; grading of offense.

New Jersey’s Law Against Promotion of Organized Street Crime

New Jersey has a law specifically targeting the promotion of organized street crime. Let’s break down what this law covers, penalties, and key things to know.

What Does the Law Prohibit?

Section 2C:33-30 of New Jersey’s criminal code makes it illegal to conspire with others as an organizer, supervisor, financier or manager to commit certain serious crimes as part of an organized street gang.

The law applies to conspiring to commit the following crimes:

• Any crime specified in chapters 11 through 18, 20, 33, 35 or 37 of Title 2C of the New Jersey Statutes
• Sexual assault crimes under N.J.S.2C:34-1
• Unlawful possession or use of weapons under N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-5; or N.J.S.2C:39-9.

This covers many of the most serious violent crimes such as murder, kidnapping, robbery, aggravated assault, arson, burglary, carjacking, extortion, racketeering, money laundering, weapons offenses, and more.

Criminal Street Gangs

To violate Section 2C:33-30, the conspiracy to commit these crimes must be part of an organized “criminal street gang.”

New Jersey defines a criminal street gang as:

“three or more persons associated in fact. Individuals are associated in fact if:
(1) two of the following seven criteria that indicate criminal street gang membership apply:
(a) self-proclamation;
(b) witness testimony or official statement;
(c) written or electronic correspondence;
(d) paraphernalia or photographs;
(e) tattoos;
(f) clothing or colors;
(g) any other indicia of street gang activity; and
(2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed or conspired or attempted to commit, within the preceding five years from the date of the present offense, excluding any period of imprisonment, one or more offenses on separate occasions of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants or a violation of Chapter 11, Section 3, 4, 5, 6, or 7 of Chapter 35 or Chapter 39 of Title 2C of the New Jersey Statutes.”

So the law targets groups that associate together as gangs, proclaim themselves as gangs, use gang signs and symbols, and also engage in a pattern of serious criminal activity.

Grading of the Offense

Promotion of organized street crime is a very serious offense. It is graded one degree higher than the most serious underlying crime that the defendant conspired to commit.

For example, if the underlying crime was a 2nd degree offense, promotion of organized street crime would be a 1st degree offense.

First degree crimes carry a sentence of 10-20 years in New Jersey.

If the underlying conspiracy was to commit murder or aggravated sexual assault, promotion of organized street crime is graded as a first degree offense regardless.

Defendants convicted under this statute face a mandatory extended term sentence. This means longer sentences within the allowable range for the degree of crime.

Sentencing Enhancements

The New Jersey Legislature wanted to crack down hard on organized street gang activity. So Section 2C:33-30 includes several sentencing enhancements on top of the grading provisions.

First, the sentence imposed must run consecutively to any sentence imposed for the underlying offense. So there is no chance of concurrent sentences.

Second, the extended term sentencing provisions of N.J.S. 2C:43-7 apply. The court can impose up to an additional 10 years imprisonment on top of the graded sentence.

Third, the mandatory minimum sentencing provisions of the No Early Release Act under N.J.S. 2C:43-7.2 apply. This requires defendants to serve 85% of their sentence before being eligible for parole.

Defenses

The severity of the penalties make defending against a charge under Section 2C:33-30 crucial. Some potential defenses include:

• Lack of criminal street gang involvement: The law specifically targets organized street gang activity. The prosecution has to prove involvement in a criminal street gang under New Jersey’s definition.
• No conspiracy: Simply being in a gang is not enough. The state has to prove the defendant conspired with other gang members to commit specific crimes.
• Entrapment: Undercover officers sometimes encourage gang members to discuss or plan crimes. A skilled defense attorney can argue this amounts to improper entrapment.
• Misidentification: Often these cases rely heavily on informants. Eyewitness misidentification leading to false accusations is possible.
• Duress: Gang intimidation and threats could potentially form the basis of a duress defense in some cases.

Takeaways

• Section 2C:33-30 makes it a first degree crime to conspire with a street gang to commit serious offenses
• “Promoting organized street crime” carries severe penalties – up to 20 years in prison
• Sentencing enhancements like mandatory extended terms and No Early Release Act apply
• Proving criminal street gang connection is key for the prosecution
• Skilled defense representation is crucial to contest the charges and avoid draconian punishment

The crackdown on gang conspiracies will likely lead to more prosecutions under this statute. Anyone facing charges should retain experienced criminal defense counsel to protect their rights in these high-stakes cases. Counsel can argue defenses, point out holes in the state’s case, and seek to negotiate a favorable plea bargain resolution where appropriate. With so much on the line, getting quality legal help is essential.