New Jersey Law On Tampering – What You Need To Know

New Jersey has a law, Section 2C:40-17, that deals with the crime of tampering. This law outlines the different degrees of tampering offenses and the potential sentences someone can face if convicted.

Tampering refers to when someone knowingly enters or remains unlawfully in any research facility, structure, or separately secured or occupied portion thereof. It also covers when someone knowingly obtains or exercises control over a research animal or research material.

Degrees of Tampering Offenses

There are two degrees of tampering offenses under 2C:40-17:

• Second Degree Crime – This is when someone tampers with a research facility or animals and causes significant damage to the facility, animals, or materials. It carries a prison sentence of 5-10 years and a fine of up to $150,000[1].
• Third Degree Crime – This is a catch-all for any tampering that doesn’t result in major damage. It has a prison sentence of 3-5 years and a fine of up to $15,000[2].

So if you break into a lab and release all the animals, contaminating experiments, you get the more serious 2nd degree charge. But if you just sneak in and take photos, not really disturbing much, it’s a 3rd degree offense.

No Chance of Avoiding Jail Time

An important thing to note is that under 2C:40-17, if convicted of either degree of tampering, the court cannot give you a non-custodial sentence[3]. That means no probation – you will serve at least 3 years in prison if convicted.

The law specifically prohibits the court from suspending your sentence or letting you off without jail time. The legislature wanted to crack down hard on animal rights extremists who were raiding labs.

So don’t expect to get off easy if you get caught tampering with a research facility or animals in NJ. You’re looking at guaranteed prison time.

What Constitutes a Research Facility?

What exactly counts as a “research facility” under this law? Good question. The legal definition covers any facility that uses animals for scientific or commercial research, testing, or education[4]. This includes:

• University labs
• Pharmaceutical company labs
• Cosmetics/personal care product testing facilities
• Commercial breeding facilities that supply animals to labs
• Any facility that conducts animal research or testing

So if you break into Princeton’s psychology animal lab or a lab testing shampoo on rabbits, you can be charged with tampering. Even entering an animal breeding facility that sells to labs qualifies.

What About Animal Rights Protests?

You may be wondering – what if I just stage a peaceful protest outside a research facility? Does this law prohibit animal rights activism?

The answer is no – you have every right to protest legally outside labs or animal facilities. This law only targets people who actually illegally enter or damage labs and research.

Peaceful, lawful protest is not considered tampering. But the second you sneak into a facility or release animals, you cross the line into a felony offense under 2C:40-17. So activism is fine, but breaking-and-entering is not!

Defenses and Mitigating Factors

If you do get arrested for tampering with a research facility or animals, there may be defenses your attorney can raise:

• Mistake of fact – you honestly but mistakenly thought you had permission to enter the facility or take the animal/material.
• Necessity – you only entered or took animals to prevent imminent harm to them from abuse or neglect[5].
• Duress – you were forced to enter the facility or remove animals by someone threatening you.
• Diminished capacity – you have a mental defect or illness that impaired your ability to appreciate the criminality of your conduct.

These defenses all have high burdens of proof, but may potentially get the charges dropped or reduced. Your lawyer may also present mitigating factors like your clean record, mental health issues, or history of animal activism at sentencing to help reduce your punishment.

So in summary, New Jersey does not mess around when it comes to tampering with research facilities and animals. Make sure you know where the legal line is between protest and felony before taking any direct action. And if charged, fight the case aggressively with an experienced criminal defense lawyer. The penalties are mandatory under 2C:40-17, but the right defense strategy can still help.