NJ N.J.S.A. 2C:35-4.1 – BOOBY TRAPS AND FORTIFICATION OF PREMISES USED TO DISTRIBUTE CDS
Know the Law on Booby Traps and Fortified Structures in NJ
The state of New Jersey implements strict measures against those who manufacture, distribute or possess controlled dangerous substances. The law is particularly strict about the use of booby traps and fortified structures designed to harm individuals illegally entering specific areas or properties where controlled substances are produced.
N.J.S.A. 2C:35-4.1 defines booby traps as any device or object that can cause bodily injury or harm to property when activated by a person entering a building, property or any portion thereof, or by moving inside such space. Firearms, ammunition, and other destructive devices fall under this category and explicitly protect centers for manufacturing or distributing such illicit materials.
Booby Traps Explained
Under subsection (a) of N.J.S.A. 2C:35-4.1, booby traps refer to objects that can cause bodily harm to individuals trespassing into a building or specific areas without permission from their owner. Whether triggered intentionally upon someone’s entry into the premises, movements inside such space, or by another individual altogether -the usage of these contraptions is considered unlawful.
Subjected Penalties
If you have any knowledge of knowingly assembling maintaining, placing or causing anyone else to do so a booby trap around property used for producing, dispensing distributing controlled dangerous substances -you risk severe criminal charges.
If convicted with plausible evidence for having set up this dangerous equipment that later caused bodily injury; you may face up to twenty years in jail for second-degree crime- however rare it may be.
Alternatively, if there’s substantial evidence leading to conviction under the first degree; then Lifetime imprisonment remains a probable sentence.
Preventing Access
Legally fortifying structures meant for distribution with steel doors wooden planking cross bars alarms systems dogs lookouts among others not only restrict access but also comes at a considerable cost against one’s freedom.
By limiting or delaying law enforcement officers’ entry into any part of the structure built explicitly for producing, manufacturing, or distributing controlled substances, you break N.J.S.A. 2C:35-4.1 subsection (c) and face third-degree criminal charges.
Maintaining the Presence
N.J.S.A. 2C:35-4.1 makes it illegal to maintain a presence of any booby trap equipped deadly tool around premises under one’s control for drugs distribution, manufacture or possession. Irrespective of whether such equipment is inoperable or law enforcement officers had knowledge about its existence subsection (d).
Relative severity
The state sees fit to emphasize that neither inoperability nor an officer’s earlier information on device existence exempts anyone from criminal charges under these regulations.
Suppose indicted with enough evidence meriting conviction; expect further penalties altogether categorized in chapters 11,12,17,&39’s NJ Title – Subsection (e) – without a plea deal.
Appeals and Sentence Consecutively Implemented
In case of conviction from Chapter 25 of Title 2C Viz-a-Viz conspiracy offenses relating to no license violators of public health laws may feel delighted. Suppose convicted under Section 25400PC felonies during their suspension period; then such convictions will not merge with penalties incurred from Chapters 11,12 within the same title.
For better efficacy on Long Beach Firearms activity order(s); always stay mindful that court sentences are consecutive and are fully reinforced if found guilty. If doubting anything about this statute while facing potential criminal indictment or implementation, do not hesitate to reach out to Todd Spodek Law Group experts already describing this legal maze at 212-300-5196 for reliable professional assistance.
Related Posts
NJ NJ SCHOOL ZONE LAWProtecting the Youth: Understanding New Jersey's Strict School Zone Law In New Jersey, the state…
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS