New Jersey Section 2C:35-4.1 – Booby traps in manufacturing or distribution facilities; fortified premises

New Jersey’s Law on Booby Traps and Fortified Premises Used for Drug Manufacturing and Distribution

New Jersey has a specific law that makes it a crime to use booby traps or fortify premises that are used for illegal drug manufacturing or distribution. This law, known as Section 2C:35-4.1, was enacted in 1997 to protect law enforcement officers executing search warrants and making arrests at properties involved in drug crimes.

What is a Booby Trap Under the Law?

The law defines a “booby trap” as any concealed or camouflaged device designed or likely to cause bodily injury when triggered by someone entering the property or building, moving around inside, or through the actions of another person[1]. This includes guns, ammunition, explosives, sharpened objects, and trip wires hooked up to weapons or other dangerous items.

Essentially, any hidden trap that can hurt someone on the property is considered a booby trap under 2C:35-4.1. The law is intended to deter drug manufacturers and dealers from rigging their operation sites with devices that could injure police and others.

Placing Booby Traps is a Second Degree Crime

Under 2C:35-4.1, anyone who “knowingly assembles, maintains, places or causes to be placed” a booby trap at a site used for manufacturing, distributing, or dispensing illegal drugs is guilty of a second degree crime in New Jersey[2].

This is a very serious offense. Second degree crimes carry a potential prison sentence of 5-10 years and a fine of up to $150,000[3].

Causing Injury Ups the Charge to First Degree

If the booby trap causes bodily injury to any person, the charge is elevated to a first degree crime under the law[2]. First degree charges are the most serious criminal offenses in New Jersey, with potential prison sentences of 10-20 years and fines up to $200,000[4].

So if someone is hurt by a booby trap placed to protect an illegal drug operation, the person responsible faces an even harsher punishment.

Fortifying Drug Sites is Also Criminalized

Section 2C:35-4.1 also makes it illegal to “fortify or maintain in a fortified condition” any building or structure used for drug manufacturing or distribution[2].

Fortifying a building means reinforcing it in a way that prevents, delays, or warns of entry by police. This includes installing steel doors, wooden barricades, alarm systems, lookouts, guard dogs, and other impediments[2].

Maintaining fortifications at a drug site is a third degree crime under the law. Third degree charges mean possible jail time of 3-5 years and fines not exceeding $15,000[5].

Why New Jersey Enacted This Law

The New Jersey legislature passed Section 2C:35-4.1 in 1997 after multiple incidents where police officers were injured by booby traps while raiding illegal drug operations.

Lawmakers wanted to send a clear message that endangering law enforcement would not be tolerated. The law provides strict penalties to deter anyone from rigging traps or fortifying sites used for drug crimes.

As Attorney General Peter Verniero said when the law was enacted, “These tougher penalties not only punish the most culpable drug offenders, but also ensure that our law enforcement community is not put at risk while trying to protect New Jersey.”

Implications for People Involved in Drug Manufacturing or Distribution

Section 2C:35-4.1 makes it extremely risky for anyone involved with illegal drug operations – rigging traps or fortifying sites to prevent police entry will lead to severe criminal penalties beyond your drug charges.

However, some people still attempt to protect drug sites with dangerous devices and barricades. There are a few things those individuals should keep in mind:

• You can be charged even if the booby trap does not injure someone or is not triggered. Just assembling or placing it is enough.
• All people involved with maintaining the drug site where traps or fortifications exist could potentially be charged.
• The penalties will be in addition to any other drug charges filed against you.
• Using booby traps or fortifications shows an intent to obstruct law enforcement and will be viewed very negatively by prosecutors and courts.
• Hurting a police officer or other person with a booby trap leads to extremely serious first degree criminal charges.

The risks clearly outweigh any perceived benefit. New Jersey’s law presents a significant threat of severe punishment for anyone who tries to impede drug enforcement operations.

When Booby Trap and Fortification Charges Apply

Prosecutors can file charges under 2C:35-4.1 whenever there is evidence that a structure or property was being used for illegal drug activity and traps or reinforcements were installed to hinder police entry.

Some examples of when these charges could apply:

• Police execute a drug warrant and find trip wires rigged to shotguns inside the building.
• A drug dealer’s house has steel-reinforced doors, surveillance cameras, and guard dogs intended to prevent police raids.
• An undercover buy bust occurs and the drug house is fortified with barricaded windows and a security alarm system.
• Informants advise that a drug lab has sharpened spikes concealed around the property to puncture tires of unrecognized vehicles.

Any scenario where a site tied to drug crimes is booby-trapped or fortified in ways meant to obstruct law enforcement could lead to prosecution under 2C:35-4.1.

Defenses to Booby Trap and Fortification Charges

Like all criminal charges, there are some potential defenses if you are accused of violating New Jersey’s law against drug-related booby traps and fortifications:

• You didn’t know about the booby trap or fortifications. If you can show you were unaware of any traps or reinforcements installed at the property, you may be able to avoid conviction. However, lack of knowledge can be hard to prove.
• The building or property wasn’t used for drug activity. If you can demonstrate the site was not being used to manufacture, distribute, or dispense illegal drugs, the law may not apply. But there usually needs to be solid evidence it was not a drug operation.
• The devices were not designed to injure people. You may be able to argue hidden devices were not meant to hurt anyone but rather deter burglars or trespassers. However, it can be tough to overcome if they realistically could cause injury.
• The fortifications had a valid purpose. Reinforcements and barriers could potentially be justified for safety or security unrelated to obstructing law enforcement. But the purpose would need to be very compelling.

Any defense will depend heavily on the specific facts and require skilled legal advocacy to overcome strict prosecution under 2C:35-4.1.

Bottom Line on New Jersey’s Booby Trap and Fortification Law

Section 2C:35-4.1 serves as a stern warning to anyone involved with illegal drug operations – rigging traps or fortifying sites to prevent police entry will lead to severe criminal penalties beyond your drug charges.

Given the risks, no one engaged in drug manufacturing or distribution should take steps to deliberately impede enforcement actions. Doing so is extremely likely to compound your criminal liability under New Jersey’s law targeting drug-related booby traps and fortified premises.