New Jersey Section 2C:40-20 – Use of certain cable, wire devices; fourth degree crime

New Jersey Law Makes Using Certain Wires and Cables a Crime – What You Need to Know

New Jersey has a specific law, Section 2C:40-20, that makes it a fourth degree crime to use certain wires, cables, or similar devices for illegal purposes. This law was enacted to address concerns about people using things like wires and cables to disable vehicles or create dangerous situations. As a New Jersey resident, it’s important to understand what this law says so you don’t accidentally break it.

What Does the Law Say Exactly?

The law states that any person who uses “any type of device, including but not limited to wire or cable, that is designed to incapacitate or cause damage to a motor vehicle or other conveyance” commits a crime of the fourth degree.

Some key things to note:

• It applies to wires, cables, or any similar device that can disable or damage vehicles or other modes of transportation. This includes things like tripwires.
• The device has to be intentionally used to incapacitate or damage the vehicle. Just having wire or cable isn’t enough – it has to be used for the purpose of causing harm.
• It doesn’t matter if you succesfully disable or damage a vehicle. Just the attempt with the intent is enough to break the law.
• It’s a fourth degree crime. This is on the low end of the scale for criminal offenses in New Jersey. But it can still result in fines or jail time up to 18 months.

So in a nutshell, don’t use wires, cables, or anything similar to mess with people’s cars or other vehicles on purpose. Even if you don’t succeed, trying it is against the law.

What Are Some Examples That Would Violate This Law?

Here’s a few hypothetical scenarios that would be considered crimes under 2C:40-20:

• Stretching a wire across a road in an attempt to clothesline motorcyclists
• Attaching a cable to the drive shaft underneath a car to try and disable it
• Using a tripwire made from fishing line to make someone crash their bike
• Rigging the throttle on a boat motor to get stuck open with a wire
• Jamming the locking mechanism on a car door shut with a piece of cable

As you can see, the main thing is using some kind of wire, cable, or similar device to interfere with a vehicle’s normal operation. Even if it doesn’t work perfectly, the attempt itself with bad intent is enough to get you in legal trouble.

What Are Some Legal Defenses People Might Use?

People charged under this law may try to use certain defenses to fight the charges:

• Lack of intent – If there’s no evidence you intended to disable or damage a vehicle, you may be able to get the charges dismissed. For example, if high winds blew a loose wire across a road that got caught in a car, that wouldn’t count as intentional.
• Self-defense – Using a device to stop a vehicle could potentially be argued as self-defense in very limited cases of immediate harm, but this defense rarely succeeds.
• Necessity – Arguing there was an overwhelming need to use the device, like to stop a runaway vehicle barreling towards a crowd of people. But this is hard to prove.
• Mistake of fact – Not realizing the wire or device was there or could cause damage. This would be hard to argue if you purposely set up a tripwire.
• Intoxication – Being extremely impaired by drugs or alcohol could potentially negate intent, but isn’t a surefire defense.

The main takeaway is prosecutors just need to prove you deliberately used some kind of wired device to mess with a vehicle. If they can show that, it’s hard to fight the charges.

What Are the Penalties If Convicted?

Because 2C:40-20 is a fourth degree crime in New Jersey, potential penalties include:

• Up to 18 months in jail
• Fines up to $10,000
• Probation up to 5 years
• Community service
• Restitution to victims
• Possible driver’s license suspension

The specific penalties depend on your criminal history and the circumstances of the offense. But anyone convicted under this law faces punishment ranging from probation to significant jail time. It’s not something to take lightly.

How Can People Stay on the Right Side of This Law?

To avoid running afoul of Section 2C:40-20 and stay on the right side of the law, make sure you:

• Never use wires, cables, fishing line, or anything similar with the intent of damaging or disabling vehicles.
• Don’t attempt “pranks” or “jokes” meant to interfere with the normal operation of cars, motorcycles, boats, bicycles, etc.
• Keep any loose wires or cables properly secured so they can’t fall into roads or paths accidentally.
• Report any dangerous wires, cables or tripwires you see to authorities immediately.
• Educate others, especially young people, about why cables and wires should never be used irresponsibly.

It comes down to using common sense. Things like tripwires may seem funny in movies, but they can cause serious harm or damage in real life. Following this law isn’t hard if you respect others’ property and right to safety.

The Bottom Line

New Jersey’s law against using wires, cables or similar devices to damage or disable vehicles is meant to protect public safety. Anyone who intentionally uses tripwires or other wired contraptions against cars, bikes, boats or other modes of transport is committing a fourth degree crime. While penalties aren’t as severe as higher-level felonies, it’s still not worth the risk. As long as you use sound judgement and don’t tamper with vehicles, you should be fine. If you see any dangerous wires or obstructions, alert the proper authorities right away before someone gets hurt.