New Jersey Section 2C:35-13 – Obtaining by fraud

New Jersey Section 2C:35-13 – Obtaining by Fraud

New Jersey has strict laws regarding the illegal acquisition of controlled dangerous substances (CDS). Section 2C:35-13 of the New Jersey Code specifically addresses the crime of obtaining CDS by fraud. This article will examine the key elements of the law, potential defenses, and penalties for violation.

Overview of Section 2C:35-13

Section 2C:35-13 states that it is illegal for a person to acquire or obtain possession of a CDS by “misrepresentation, fraud, forgery, deception or subterfuge.” This includes situations where an individual:

• Uses a forged or fraudulent prescription
• Lies about having a medical condition requiring the CDS
• Impersonates a doctor or pharmacist to call in a fake prescription
• Steals blank prescription pads and forges prescriptions
• Alters a legitimate prescription to get more pills or higher doses

The law applies to acquiring or possessing CDS in Schedules I through V, which includes illegal drugs like heroin and cocaine as well as prescription medications like opioids and benzodiazepines.

Elements of the Crime

To be convicted under 2C:35-13, prosecutors must prove these key elements beyond a reasonable doubt:

• The defendant acquired or obtained possession of a CDS
• The substance was a Schedule I through V CDS
• The defendant used misrepresentation, fraud, forgery, deception or subterfuge to acquire the CDS

Potential Defenses

There are several potential defenses that can be raised in response to charges under 2C:35-13:

• Lack of intent – The defendant did not knowingly or purposefully acquire the CDS illegally. For example, they were given the wrong prescription by accident.
• Duress – The defendant acquired the CDS due to threat of harm against themselves or a loved one.
• Necessity – The defendant had to obtain the CDS to prevent a greater harm from occurring.
• Misidentification – The defendant was mistakenly identified and did not actually acquire or possess the CDS.
• Entrapment – Law enforcement induced the defendant to acquire the CDS when they otherwise would not have.

Penalties

Violating 2C:35-13 is a third-degree crime in New Jersey. Potential penalties include:

• 3-5 years in state prison
• Up to $15,000 in fines
• Parole supervision after release

Penalties can be enhanced in certain situations, such as if the violation occurred within 1,000 feet of a school. Distribution to a minor under 18 can also lead to stiffer penalties.

For second and subsequent offenses, 2C:35-13 violations become second-degree crimes with higher penalties of 5-10 years imprisonment and fines up to $150,000.

Related Offenses

Section 2C:35-13 works in conjunction with other New Jersey drug laws. For example, if an individual forges a prescription then fills it at a pharmacy, they could face additional charges like:

• 2C:21-1 – Forgery
• 2C:35-10 – Possession of CDS
• 2C:35-5 – Manufacturing, distributing or dispensing CDS

Prosecutors can pursue multiple charges and aggregate penalties based on the specific circumstances. However, 2C:35-13 helps target the initial fraudulent acquisition of the drugs.

Takeaways

• 2C:35-13 makes it a felony to obtain CDS through deceptive means in New Jersey
• Violations are third-degree crimes punishable by 3-5 years in prison
• Defendants should explore defenses like lack of intent, duress, and misidentification
• Related charges may apply depending on how the CDS was fraudulently acquired
• Penalties escalate for repeat offenses and distribution to minors

The consequences for violating 2C:35-13 can be severe. Anyone facing charges should retain an experienced New Jersey criminal defense attorney to protect their rights. A skilled lawyer can carefully examine the evidence and build an aggressive defense.