New Jersey Section 2C:5-6 – Motor vehicle master keys
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New Jersey Section 2C:5-6 – Motor vehicle master keys
New Jersey has some pretty strict laws when it comes to motor vehicle master keys. Section 2C:5-6 of the New Jersey Code of Criminal Justice deals specifically with the possession of motor vehicle master keys and manipulation keys. Let’s break down what this law covers and the implications for drivers in New Jersey.
First off, what exactly are motor vehicle master keys and manipulation keys? A motor vehicle master key is basically a key that can be used to operate multiple vehicles, rather than just one specific vehicle. For example, some locksmiths or dealerships might have a master key that works for all Ford vehicles. Manipulation keys are keys or devices that can be used to start a vehicle without the proper original key. So things like lock picking tools or “jigglers” that can manipulate the lock would fall under this definition.
Under 2C:5-6, it’s a fourth degree crime in New Jersey to possess a motor vehicle master key or manipulation key. The only exceptions are if you are a locksmith, law enforcement officer, automobile dealer principal or employee, or other person authorized to have such keys for legitimate purposes. So having these types of keys or devices for any unauthorized use is considered a criminal offense.
Some of the implications of this law:
- Anyone who has a set of lock picks or jigglers in their possession could be charged if they aren’t an authorized locksmith
- Mechanics or auto enthusiasts can’t have master keys even if they just think it’s cool or want to tinker with locks
- You can’t buy a master key online and use it to unlock your own car if you lose your keys
- Auto thieves obviously can’t have master keys or manipulation tools to steal vehicles
There are some defenses written right into 2C:5-6. If you can prove you had a lawful purpose for possessing the key or device, then you may be able to avoid conviction. But you would need to provide evidence that you really did have a legitimate reason related to your occupation or authorization.
Overall, the intent of the law seems to be preventing unauthorized access to vehicles. Master keys and lock picking tools make it way too easy for thieves to steal cars. And there have been issues with professional car thieves using these devices across the country. So New Jersey is trying to crack down and keep these tools out of the hands of criminals.
But the broad definition of manipulation keys could impact mechanics, hobbyists, and even regular drivers who carry something like a pocket knife that could be used to jimmy a lock. So critics argue the law goes too far and criminalizes benign behaviors and possessions. There are some calls to amend the law to focus only on clear criminal intent rather than outlawing any possession of certain keys or tools.
As an auto enthusiast myself, I can see both sides. Yes, I think responsible hobbyists who just want to tinker with locks shouldn’t be treated like criminals. At the same time, keeping master keys out of the hands of thieves is important to protect property and public safety. Maybe there’s room for a compromise amendment that allows legitimate possession but cracks down when there is evidence of criminal intent. That seems like a reasonable middle ground to me. But for now, the law is very broad in what it prohibits.
So if you live in New Jersey or drive there often, be aware that having lock picking tools or master keys in your vehicle could land you in legal trouble. Even if you have no ill intent, the mere possession is enough to be charged under 2C:5-6. Hopefully this overview gave you a better understanding of what this law entails so you can follow it and avoid any issues.
Relevant Legal Precedents
There are a few court cases that have challenged aspects of New Jersey’s law on possession of motor vehicle master keys:
- State v. White – This 1992 case upheld the law as constitutional after a defendant argued it was vague and overbroad. The court found the language clear and the state has a valid purpose in prohibiting unauthorized possession of devices that can illegally enter motor vehicles.
- State v. Rodriguez – This 2011 case affirmed that simple possession of a prohibited device, without evidence of actual unlawful use, is enough to be convicted under the statute. The court rejected the argument that intent to use unlawfully must be proven.
- State v. Scott – This 2019 unpublished case upheld that a screwdriver modified and used to manipulate an ignition switch fell under the definition of a “manipulation key.” The court found the physical adaptation of an ordinary tool to illegally operate a vehicle lock made it a prohibited device under the statute.
So in these cases, the courts have generally favored broad interpretation of what constitutes a prohibited master key or manipulation key. They have also upheld that simple possession is enough for a conviction, without needing to prove intent to use the devices for illegal purposes. These precedents strengthen the enforceability of 2C:5-6.
Potential Defenses
If you were charged under 2C:5-6, here are some potential defenses to consider:
- Lack of criminal intent – Argue you had no plan to use the prohibited keys or devices unlawfully. You were unaware the possession itself was a crime. This defense has not worked well historically based on the case law, but may be worth pursuing.
- Authorized possession – If you have a legitimate occupational purpose for possessing a master key or manipulation tool, emphasize this authorization. Locksmiths, dealership employees, and law enforcement may all have valid reasons related to their jobs.
- Misidentification – Challenge whether the key or device in question actually meets the definitions in the law. For example, argue an altered paper clip does not really constitute a “manipulation key.”
- Unconstitutional vagueness – Argue the law is overly broad, vague, and ensnares innocent conduct. The definitions of prohibited items are unclear. This approach has not worked in past cases, but could be tried again.
Consult an experienced New Jersey criminal defense lawyer for help asserting any viable defenses. But realistically, the case law makes these cases tough to fight if the prohibited items were in your possession.
What This Means for Drivers
The implications of Section 2C:5-6 for New Jersey drivers include:
- Do not purchase or possess any motor vehicle master keys – these are mostly illegal for anyone except dealers, locksmiths, etc.
- Avoid having any lock picking tools or devices in your vehicle – even simple altered paper clips could fall under the law’s broad definition of manipulation keys.
- Be wary about carrying pocket or utility knives – if they could be used to pry open locks, it could lead to charges.
- If you lose your car keys, call a locksmith – do not try to make or obtain a master key to unlock your vehicle.
- If you get charged under this law, take it seriously – simple possession is enough, so consult a criminal defense attorney immediately.
Overall, this law exists to deter motor vehicle theft. But it also ensnares well-intentioned drivers through broad prohibitions on possession. Be cautious about what keys or tools you carry to avoid trouble. And if charged, fight the case aggressively with help from a lawyer.
This New Jersey statute highlights how laws aimed at public safety can sometimes go too far. There are certainly arguments on both sides. But if you’re driving in NJ, you need to be aware of and comply with Section 2C:5-6 or face criminal penalties. Stay safe – and fully legal – out there on the roads!