cdTOCtest

crime of the second degree. State v. Phelps, 187 N.J. Super.
364, 372-376 (App. Div. 1983), aff’d 96 N.J. 500
(1984).

II. THREATS AND IMPROPER INFLUENCES

IN OFFICIAL AND POLITICAL MATTERS

(N.J.S.A. 2C:27-3).

A. Elements

Directly or indirectly threatens:

1. unlawful harm to any person with purpose to
   influence a decision, opinion, recommendation, vote or
   exercise of discretion of a public servant, party official or
   voter on any public issue or in any public election
   ,N.J.S.A. 2C:27-3a(1);


2. harm to any public servant with purpose to
   influence a decision, opinion, recommendation, vote or
   exercise of discretion in a judicial or administrative
   proceeding, N.J.S.A. 2C:27-3a(2); or


3. harm to any public servant or party official with
   purpose to influence him to violate his official duty,
   N.J.S.A. 2C:27-3a(3).

B. Definitions

1. “Harm” means:

Loss, disadvantage or injury, or anything so regarded by
the person affected, including loss, disadvantage or injury
to any person or entity in whose welfare he is interested,
N.J.S.A. 2C:27-1c.

Threats of political opposition, a public official’s
threat to discharge a subordinate, or a threat to arrest or
bring criminal prosecution does not constitute
“threatening harm” within the meaning of the statutory
language. II Final Report of the New Jersey Criminal Law
Revision Commission, “Commentary” (1971) at 267.

The harm threatened need not be unlawful with
respect to N.J.S.A. 2C:27-3a(2) and (3), where the
purpose is to influence a judicial or administrative
proceeding or to influence a public servant or party
official to violate an official duty. In State v. Scirrotto, 115
N.J. 38 (1989), the Court concluded that a teacher’s
threat to disclose unfavorable information about the
school unless he was given tenure was a threat of “harm”

contrary to N.J.S.A. 2C:27-3. See also, MacDougall v.

Weichert, 144 N.J. 380, 400-03 (1996).

C. Statutorily Proscribed Defenses

The last paragraph of N.J.S.A. 2C:27-3 provides:

It is no defense to prosecution under this section that a

person whom the actor sought to influence was not

qualified to act in the desired way, whether because he

had not yet assumed office or lacked jurisdiction, or for

any other reason.

See discussion in I.C. 1, supra.

D. Grading

N.J.S.A. 2C:27-3b provides that an offense under

this section is a crime of the third degree.

III. COMPENSATION FOR PAST OFFICIAL BEHAVIOR (N.J.S.A. 2C:27-4)

N.J.S.A. 2C:27-4 proscribes unlawful benefits for

official behavior. Specifically, this section provides:

a. A person commits a crime if the person, as a public

servant:

(1) directly or indirectly, knowingly solicits, accepts

or agrees to accept any benefit from another for or because

of any official act performed or to be performed by the

person or for or because of a violation of official duty;

(2) directly or indirectly, knowingly receives any

benefit from another who is or was in a position, different

from that of a member of the general public, to benefit,

directly or indirectly, from a violation of official duty or

the performance of official duties; or

(3) directly or indirectly, knowingly receives any

benefit from or by reason of a contract or agreement for

goods, property or services if the contract or agreement is

awarded, made or paid by the agency that employs the

person or if the goods, property or services are provided

to the government agency that employs the public

servant.

b. A person commits a crime if the person offers,

confers or agrees to confer a benefit, acceptance of which

is prohibited by this section.