New Jersey Section 2C:38-4 – Hindering Apprehension or Prosecution for Terrorism

New Jersey has enacted strong anti-terrorism laws to protect public safety and national security. Section 2C:38-4 of the New Jersey Code of Criminal Justice specifically addresses hindering apprehension or prosecution for terrorism offenses[1]. This law makes it a crime to harbor or conceal a person, provide false information, suppress or destroy evidence, or warn someone about impending discovery or apprehension, if that person has committed terrorism under New Jersey law.

Overview of the Law

Under 2C:38-4, a person commits a crime if they purposefully take actions to hinder the apprehension, prosecution, conviction or punishment of another person, knowing that the other person has committed terrorism under New Jersey law[2]. The law applies to a wide range of conduct that could assist someone who has committed terrorism, including:

• Harboring or concealing the person
• Providing the person a weapon, money, transportation, disguise, or other means to avoid discovery or apprehension
• Suppressing any physical evidence that might aid in the discovery, apprehension or conviction of the person
• Providing false information to a law enforcement officer, prosecutor, judge, or jury
• Warning the person of impending discovery or apprehension
• Committing any other act designed to help the person escape from apprehension or punishment

The crime ranges from a 3rd degree felony to a 1st degree felony, depending on the underlying terrorism offense and role of the defendant. Harboring someone who has committed a 1st degree terrorism offense is also a 1st degree felony. But hindering apprehension of someone who committed a 3rd degree terrorism offense would also be a 3rd degree felony[2].

Purpose of the Law

The purpose of Section 2C:38-4 is to deter anyone from assisting those who have committed terrorism offenses under New Jersey law. Terrorism poses unique risks to public safety and national security. Those who provide support to terrorists – even after the fact – facilitate the dangerous outcomes of terrorism. This law ensures that anyone who tries to harbor terrorists or suppress evidence will face their own criminal prosecution[3].

Without laws like Section 2C:38-4, those who help terrorists evade authorities could do so with impunity. The statute helps law enforcement apprehend and prosecute terrorists by targeting third parties who enable them to escape punishment for their crimes[4]. It reflects the gravity of hindering prosecution of terrorism in particular.

Definition of Terrorism Under New Jersey Law

Section 2C:38-4 applies to hindering prosecution of crimes defined as “terrorism” under the New Jersey code. The state defines terrorism broadly[2]. Under 2C:38-2, terrorism includes any crime committed to:

• Promote an act of terror
• Terrorize five or more persons
• Influence government policy or conduct by terror
• Impair public services, facilities, or infrastructure

Terrorism also includes violations of laws prohibiting weapons of mass destruction, biological agents, chemical weapons, and radiological devices[2]. Concealing someone who has committed any of these offenses could lead to prosecution under 2C:38-4.