New Jersey Section 2C:27-3 – Threats and other improper influence in official and political matters

New Jersey Section 2C:27-3 – Threats and other improper influence in official and political matters

New Jersey has a law, Section 2C:27-3, that prohibits threats and other improper influence in official and political matters. This law makes it a crime to threaten or improperly influence public servants, party officials, and others involved in government.

The purpose of Section 2C:27-3 is to allow public servants like elected officials, judges, and police officers to do their jobs without fear of threats or coercion. It aims to prevent corruption and maintain the integrity of the political process.

What Does the Law Prohibit?

Section 2C:27-3 prohibits several types of conduct:

• Threatening to commit a crime or unlawful act against a public servant or party official to influence them in the performance of their duties. For example, threatening violence against an elected official unless they vote a certain way.
• Threatening to accuse anyone of a crime or cause charges to be filed against them to influence their duties. Like threatening to falsely report someone to the police unless they take a bribe.
• Damaging or threatening to damage another person’s property to influence them. Such as threatening to vandalize someone’s home if they don’t provide a government contract.
• Withholding testimony or information relevant to an official investigation with the purpose of obstructing the investigation. For instance, refusing to comply with a subpoena.
• Soliciting, accepting, or agreeing to accept any benefit in exchange for violating an official duty. Like taking a bribe to change a zoning regulation.
• Presenting or threatening to present criminal charges to obtain a personal benefit not authorized by law. Such as demanding money in exchange for dropping charges.

The law prohibits attempts to influence the duties of public servants, party officials, voters, witnesses and informants through these improper means. It aims to prevent coercion that could undermine the integrity of government institutions.

Penalties Under Section 2C:27-3

Violating Section 2C:27-3 is a crime ranging from a 3rd to 2nd degree offense. This means potential penalties can include:

• 3-5 years in prison
• Up to a $15,000 fine
• Both jail time and fines

The severity of the charge depends on the type of threat or influence and the intent of the violator. More serious threats of violence are penalized more harshly than threats to reputation or property for example.

Defenses to Charges Under Section 2C:27-3

There are some potential defenses if accused of violating Section 2C:27-3. For instance, truth can be a defense against accusations of slander or libel. If the alleged threats or accusations are fully true, it may refute charges of improper threats.

Lack of criminal intent could also be a defense. The prosecution must prove the defendant intended to improperly influence through their threats or coercion. If there is no evidence of intent, charges may be defeated.

In some cases, statements alleged to be threats could be viewed as constitutionally protected free speech. However, true threats of violence that seek to intimidate or manipulate will likely still be viewed as criminal.

The severity and specifics of the situation will determine what defenses may apply. Those facing charges should consult experienced criminal defense attorneys to discuss options.

Famous NJ Political Corruption Cases

New Jersey has a long history of political corruption at both state and local levels. Section 2C:27-3 was designed to curb this type of unethical interference in governance.

Some notable examples of corruption cases in New Jersey include:

• Operation Bid Rig – In 2009, 46 individuals including mayors, religious leaders, and rabbis were arrested in an FBI sting operation. Rabbis were accused of laundering tens of millions of dollars through Jewish charities, while mayors accepted bribes on real estate deals and for organ trafficking.
• Bridgegate Scandal – In 2013, lanes on the George Washington Bridge were closed in an act of political retribution against a mayor who refused to endorse NJ Governor Chris Christie. Members of Christie’s administration were convicted under federal corruption laws.
• Hudson County Corruption – In the 2000s, a sting operation led to charges against 120 public officials and contractors in Hudson County. Bribes were taken to give out government contracts, jobs, and more.
• Newark Watershed Scandal – From 1986 to 2006, Newark officials and contractors siphoned over $10 million from the Newark Watershed through inflated contracts, jobs for family members, and lavish spending of funds.
• Operation Bid Rig II – In 2016, over a dozen public employees and contractors were arrested in another major corruption sting. Bribes were taken in exchange for public works projects and services.

Section 2C:27-3 was enacted to fight back against these types of criminal schemes that undermine honest government. However, corruption remains an ongoing issue to address in New Jersey.

How Section 2C:27-3 Affects Public Servants

Section 2C:27-3 directly impacts public servants in New Jersey. It aims to allow them to perform their duties without undue threats or coercion. This includes:

• Elected officials – Mayors, governors, legislators, city council members, etc. They must be able to vote, enact laws, and conduct oversight without threats from special interests.
• Judges & prosecutors – Judges should rule fairly based on the law, not due to threats. Prosecutors should charge defendants appropriately without other influences.
• Regulators – Officials who oversee utilities, environmental regulations, zoning, and licensing must be able to act in the public interest.
• Police officers – Cops need to enforce the law impartially, not due to threats or bribes.
• Licensing boards – Groups that oversee professional licensing for doctors, lawyers, contractors, etc. should have standards for conduct, not personal interests.
• Investigators – People involved in government investigations should be able to find facts without interference through threats or refusal to cooperate.

Contact a Defense Attorney If Facing Charges

Being accused of violating Section 2C:27-3 can have severe consequences. These allegations can damage reputations and end careers even if charges are eventually dropped.

Anyone facing investigation or charges under this law needs experienced legal representation. An attorney can evaluate the evidence and build an appropriate defense to avoid penalties. They can also represent the accused if administrative hearings or civil lawsuits emerge.

With so much at stake, never try to handle these complex cases alone. Consult with a qualified lawyer instead. They can fully explain the options and develop a strategy moving forward.

Threats and coercion have no place in ethical governance. Section 2C:27-3 works to reduce improper influence and promote integrity in New Jersey’s political system. While not perfect, it establishes legal standards to protect the public interest and allow public servants to perform their duties justly, without undue pressure or threats.