New Jersey’s Unlawful Use of Body Vests Law: What You Need to Know

New Jersey has a law that makes it illegal to wear body armor while committing certain crimes. This law, known as NJ Rev Stat § 2C:39-13 or simply the “unlawful use of body vests” law, was enacted to help prevent criminals from protecting themselves during the commission of dangerous felonies.

In this article, we’ll break down what you need to know about New Jersey’s unlawful use of body vests statute—what it prohibits, the penalties for violating it, defenses that could apply, and more.

What Does New Jersey’s Unlawful Use of Body Vests Law Prohibit?

New Jersey’s unlawful use of body vests law makes it a separate criminal offense to wear body armor during the commission, attempted commission, or flight after committing any of the following crimes:

• Murder
• Manslaughter
• Aggravated assault
• Kidnapping
• Sexual assault
• Robbery
• Carjacking
• Gang criminality
• Burglary
• Any crime involving the possession or use of a firearm

Essentially, if someone wears body armor while committing, trying to commit, or fleeing after committing a violent felony or firearms offense, they can be charged with unlawful use of body vests in addition to the underlying crime.

The law defines “body vest” broadly to include bullet-resistant soft body armor made of Kevlar or other similar fibers as well as metal or other hard material that is designed to provide ballistic and trauma protection. This includes typical bulletproof vests, plate carriers, and other armor meant to stop bullets and absorb blunt force.

Penalties for Violating New Jersey’s Unlawful Use of Body Vests Law

Violating New Jersey’s unlawful use of body vests law is a third-degree crime. Third-degree crimes in NJ carry penalties of 3-5 years in prison and fines up to $15,000.

However, if the underlying crime committed while wearing body armor was a first-degree offense (such as murder, aggravated sexual assault, or carjacking), unlawful use of a body vest becomes a second-degree crime. Second-degree crimes have stiffer penalties of 5-10 years imprisonment and fines up to $150,000.

So wearing body armor during an armed robbery would be a third-degree unlawful use of a body vest charge, but wearing it during a murder would make it a second-degree offense. The unlawful use of a body vest charge gets “bumped up” to match the severity of the underlying violent or firearms crime.

Defenses to Unlawful Use of Body Vests Charges

There are some potential defenses that could apply in unlawful use of body vests cases:

• You weren’t wearing the body vest: The simplest defense is that you actually didn’t wear or use body armor during the alleged crime. The prosecution has to prove you wore armor beyond a reasonable doubt.
• The body vest wasn’t yours: Even if body armor was found on you, you may not have known about it or placed it there. For example, a passenger could hide armor in your car without your knowledge.
• You didn’t commit the underlying felony: You can’t be guilty of unlawful use of body vests if the prosecution can’t prove you committed the alleged underlying violent or firearms crime. Defenses that cast doubt on the underlying charge could defeat the body vest charge too.
• The “body vest” wasn’t actually body armor: The prosecution has to prove the item meets the legal definition of body armor. A non-armored protective vest may not qualify.
• You had a legal right to wear body armor: Off-duty police officers and private security guards may have a legitimate reason for wearing armor during a violent encounter. A valid defense like self-defense could justify wearing armor even during violent crimes in limited cases.

If any of these defenses raise reasonable doubt about your guilt, you could potentially beat unlawful use of body vests charges in New Jersey. An experienced criminal defense attorney can help assert these defenses effectively.

Policy Rationale Behind New Jersey’s Unlawful Use of Body Vests Law

New Jersey’s unlawful use of body vests statute serves two main policy goals:

1. Deter armed criminals from wearing armor during crimes: The threat of additional charges for wearing body armor aims to discourage criminals from suiting up in armor before committing armed robberies, shootings, and other violent felonies. This protects the public and law enforcement.
2. Incapacitate dangerous offenders: Charging crimminals with unlawful use of body vests allows prosecutors to seek longer prison sentences. This keeps violent offenders who wear armor during felonies off the streets for more time to protect public safety.

By making it a separate offense to wear body armor during violent crimes, New Jersey hopes to prevent armored gunmen, deter felony crimes involving firearms and violence, and impose harsher penalties on the worst offenders.

Federal Prohibitions on Armor-Piercing Bullets

While state laws like NJ’s target armored criminals, federal law also prohibits armor-piercing ammunition that could penetrate body vests worn by police. The federal Law Enforcement Officers Protection Act specifically bans certain ammunition that can perforate body armor, restricting deadly ammo on the streets.

So state laws criminalize wearing body armor for sinister purposes, while federal law bans special ammo meant to defeat armor worn by law enforcement. These laws work together to regulate both sides of the body armor equation – use and penetration.

Takeaways About New Jersey’s Unlawful Use of Body Vests Law

The key points to understand about NJ’s unlawful use of body vests statute include:

• Wearing body armor during violent felonies or firearm crimes is a separate criminal offense in NJ
• It carries an additional 3rd or 2nd degree charge on top of the underlying crime
• Penalties can include years in prison and tens of thousands in fines
• But defenses like lack of knowledge, ownership, or proper use of armor may apply
• The law aims to deter armored criminals and allow longer sentences to protect the public

So while body armor itself remains legal to own under Second Amendment rights, wearing it while committing dangerous crimes is strictly prohibited in New Jersey. Understanding the unlawful use of body vests law can help people stay on the right side of this criminal statute.