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I. CRIMINAL SIMULATION
Criminal simulation is a crime of the fourth degree.
N.J.S.A. 2C:21-2. In contrast to forgery, it concerns the
making, altering or uttering of objects as opposed to
writings. Id. It also deals with conduct that was not
generally treated as criminal prior to the adoption of the
Code. Id.
There are three material elements to this crime. First,
defendant must have acted with the purpose to defraud
an individual or with the knowledge that he is facilitating
a fraud to be perpetrated by someone else. Second,
defendant must make, alter, or utter the object so that is
appears to have value. Third, it must have appeared to
have value because of antiquity, rarity, source, or
authorship which it does not possess. N.J.S.A. 2C:21-2.
The culpability requirement is more limited than
that for forgery in that it does not require a purpose to
injure anyone or knowledge that such an injury is being
facilitated. Id.; cf. N.J.S.A. 2C:21-1a.
II. SALE OF SIMULATED DOCUMENTS
In 1999 the Legislature significantly increased the
number of offenses relating to false identification or age
verification documents, and elevated some from
disorderly persons offenses to crimes. See L. 1999, c.28,
§ 14.
It is a third degree crime to sell, offer or expose for sale
or otherwise transfer, or to possess with intent to sell, offer
or expose for sale, or transfer a document or other writing,
which falsely appears to be a driver’s license or other
document issued by a governmental agency and which
could be used as a means of verifying a person’s identity
or age. N.J.S.A. 2C:21-2.1a.
It is a third degree crime to knowingly make, or
possess devices or materials to make, a document or other
writing which falsely purports to be a driver’s license or
other document issued by a governmental agency and
which could be used as a means of verifying a person’s
identity or age. N.J.S.A. 2C:21-2.1b.
It is a fourth degree crime to knowingly exhibit,
display or utter a document or other writing that falsely
purports to be a driver’s license or other document issued
by a governmental agency and which could be used as a
means of verifying a person’s identity or age. N.J.S.A.
2C:21-2.1c.It is a disorderly persons offense to knowingly possess
a document or other writing which falsely purports to a
be driver’s license or other document issued by a
governmental agency and which could be used as a means
of verifying a person’s identity or age. N.J.S.A. 2C:21-
2.1d.In addition to any other disposition for a violation of
these statutes, the court must order as part of the sentence
the suspension of driving privileges in New Jersey of
between six months and two years to commence on the
day sentence is imposed. N.J.S.A. 2C:21-2.1e.If the offender is less than 17 years of age, the
suspension, which also prohibits the operation of
motorized bicycles, will commence on the day sentence
is imposed and run from the period fixed by the court
between six months and two years after the day the
offender reaches age 17. Id.If the offender’s driving privileges have already been
suspended on the day of sentencing, the suspension
period is to commence as of the date of termination of the
existing suspension. Id.The court at time of sentence must collect the
offender’s New Jersey driver’s license or licenses and
forward it or them to the Director of the Division of
Motor Vehicles along with a report indicating the first
and last day of the suspension period. Id.If the court is unable to collect the license or licenses
of the offender, it must file a report of the conviction or
adjudication of delinquency with the Director. The
report must include the complete name, address, date of
birth, eye color and sex of the offender and indicate the
first and last day of the suspension period. Id.At the time of sentencing, the court must inform the
offender orally and in writing that if he or she is convicted
of personally operating a motor vehicle during the period
of license suspension or postponement imposed upon
conviction, the offender will be subject to the penalties
for driving while suspended pursuant to N.J.S.A. 39:3-- Id.
The offender must acknowledge receipt of the
written notice in writing. However, failure to receive or