Definition of a Crime in NJ

In New Jersey, criminal offenses are defined by the state's criminal code as well as by local municipal ordinances. For conduct to qualify as a crime, it must contain certain elements established by law and committed with a culpable mental state. Understanding what constitutes a crime is essential to avoiding criminal liability.

Criminal Code Definition

The New Jersey Code of Criminal Justice broadly defines a crime under N.J.S.A. 2C:1-4 as:

• Conduct that is prohibited by statute and provides for a penalty
• Omission of conduct required by statute that provides for a penalty
• Violation of an ordinance or regulation adopted under authority of law

This covers all offenses defined in New Jersey's criminal statutes as well as local municipal codes enacted under proper authority.

Elements of a Criminal Offense

For conduct to qualify as a statutory crime in New Jersey, the criminal code requires :

1. An act or omission specified by law
2. A corresponding mental state (intent, knowledge, recklessness, or negligence)
3. Causation - the act or omission caused a specific result defined by law
4. Absence of justification (like self-defense)

The prosecution has the burden of proving each of these elements beyond a reasonable doubt.

Actus Reus - Guilty Act

The physical act or omission prohibited by law is known as the "actus reus" or "guilty act" element. This requires :

• Voluntary act or omission
• Committed (or omitted) by the defendant
• Corresponds to what is prohibited by law

For example, intentionally shooting a gun at someone to harm them.

Mens Rea - Guilty Mind

Known as "mens rea" or "guilty mind", this element requires the defendant's mental state matches what is required for the crime. Possible mental states include :

• Intent or purpose to commit the prohibited act
• Knowledge that one's actions will lead to the prohibited result
• Recklessness - awareness of risk that the prohibited result may occur
• Negligence - should have been aware of substantial risk that prohibited act may occur

The law defines the required mental state for each offense.

Causation

For criminal liability, the defendant's actions must have caused the prohibited result. This requires the prosecution to prove :

• The act was a substantial factor in causing the prohibited result
• The result would not have happened without the act
• Any intervening causes were foreseeable

For example, a victim dying from injuries inflicted by the defendant.

Absence of Justification

The final element requires proving the act was not legally justified. Possible defenses negating this element include :

• Self-defense
• Defense of others
• Necessity
• Lawful authority
• Entrapment

The prosecution must rule out any applicable defenses beyond a reasonable doubt.

Local Ordinance Violations

Under their police powers, municipalities in New Jersey can enact local ordinances prohibiting certain acts or omissions and imposing penalties. Common ordinances cover :

• Traffic and parking
• Noise and nuisance
• Housing and zoning
• Licensing of businesses
• Disorderly conduct

Elements of ordinance offenses are defined by the specific municipal code.

Classification of Crimes

New Jersey divides crimes into the following categories under N.J.S.A. 2C:1-4:

• Crime - First through Fourth Degree (felonies)
• Disorderly Persons Offense (misdemeanor)
• Petty Disorderly Persons Offense (minor misdemeanor)
• Municipal Ordinance Violation

The classification determines how a crime is charged and prosecuted.

Defenses That Negate an Element

Many criminal defenses work by negating one of the essential elements. Common defenses include :

• Alibi - Defendant did not commit prohibited act
• Intoxication - Lacked required mental state
• Entrapment - Did not act with required mental state
• Self-defense - Act was legally justified

If any element is in doubt, the prosecution fails to meet its burden and acquittal should result.

Strict Liability Crimes

Some regulatory crimes are considered "strict liability" offenses requiring no culpable mental state. But strict liability crimes are limited to violations, not crimes, under N.J.S.A. 2C:2-2.

Consult an Attorney if Charged With a Crime

Only skilled criminal defense lawyers understand the precise elements the prosecution must prove beyond a reasonable doubt for each offense. An attorney can analyze the evidence and determine whether all elements of an alleged crime are truly present under New Jersey law.