cdTOCtest

B. Grading

A violation of subsection a or b of this section is a
second degree crime if the amount of pecuniary benefit,
value of services received, payment sought to be avoided
or injury or fraud perpetrated on another is $75,000 or
more. N.J.S.A. 2C:21-17c(1). It is a third degree crime
if the amount is at least $500 but less than $75,000. Id.
It is a fourth degree crime if the amount is at least $200
but less than $500. Id.

It is a disorderly persons offense if the amount is less
than $200 or if the benefit or services received or the
injury or fraud perpetrated on another has no pecuniary
value, or if the offender was unsuccessful in his attempts
to receive a benefit or services or to injure or perpetrate a
fraud on another. N.J.S.A. 2C:21-17c(2).

Violations of N.J.S.A. 39:3-37 for using the personal
information of another to obtain a driver’s license or
register a motor vehicle or of N.J.S.A. 33:1-81 or 33:1-
81.7 for using the personal information of another to
illegally purchase an alcoholic beverage are not offenses
under this section if the actor received only that benefit
or service and did not perpetrate or attempt to perpetrate
any additional injury or fraud on another. N.J.S.A.
2C:21-17d.

XXIV. SLUGS

It is a disorderly persons offense to:

1. insert or deposit a slug, key, tool, instrument,
   explosive or device in a coin, currency or credit card
   activated machine with the purpose to defraud; or


2. make, possess or dispose of a slug, key, tool,
   instrument, explosive or device with the purpose to
   enable a person to insert or deposit it in a coin, currency
   or credit card activated machine. N.J.S.A. 2C:21-18.

“Slug” is defined as an object or article which, by
virtue of its size, shape or any other quality is capable of
being inserted or deposited in a coin, currency or credit
card activated machine as an improper substitute for
money. Id.

This statute is directed toward the commission of
fraud from vending machines and is meant to
supplement and operate outside the provisions of the
“Casino Control Act” (P.L. 1977, c. 110). Id.

XXV. WRONGFUL CREDIT PRACTICES AND

RELATED OFFENSES

Criminal usury, wrongful credit practices and other

related offenses are proscribed under this section. See

N.J.S.A. 2C:21-19. The first three subsections are

directed at loan-sharking activities. See id.

A. Criminal Usury

Criminal usury, the charging or receiving of excessive

interest, is an offense under this section. A person is

guilty of this offense when, not being authorized or

permitted to do so by law, he (1) loans or agrees to loan,

directly or indirectly, any money or property at a rate

exceeding the maximum rate permitted by law; or (2)

takes, agrees to take, or receives any money or other

property as interest on the loan or on the forbearance of

any money or other interest in excess of the maximum rate

permitted by law. N.J.S.A. 2C:21-19a.

The interest rate on a loan which exceeds 30% per

annum, or 50% per annum on a loan made to a

corporation, is not permitted by law. Id.

While the state did not have to prove criminal intent

under pre-Code law, under the Code, there is a

presumption against strict liability and a presumptive

culpability of knowledge. See N.J.S.A. 2C:2-2c(3).

Criminal usury is a second degree crime if the interest

rate on a loan made to any person exceeds 50% per

annum or the equivalent rate for a longer or shorter

period. N.J.S.A. 2C:21-19a. It is a third degree crime if

the interest rate on a loan made to any person, except a

corporation, limited liability company, or limited

liability partnership, does not exceed 50% per annum,

but the amount of the loan or forbearance exceeds

$1,000. Id. Otherwise, it is a disorderly persons offense.

Id.

In a case where a lender sought to recover the

principal of a loan which carried a usurious interest rate,

the Appellate Division held that the illegal interest-rate

provision of the loan contract, while subject to

prosecution, was severable, and courts would enforce the

remainder of the contract. Schuran v. Walnut Hill Assoc.,

256 N.J. Super. 228, 232-33 (Law Div. 1991). The

borrower who accepted the benefit of the loan knowing

it to be usurious should not be relieved of his obligation

to repay it. Id. at 233.