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to acknowledge in writing the receipt of a written notice
is not a defense to a subsequent charge of driving while
one’s license is suspended. Id.

If the offender is the holder of a driver’s license from
another jurisdiction, the court does not collect the
license, but notifies the director who must notify the
appropriate officials in that licensing jurisdiction. The
court, however, must revoke the offender’s resident
driving privileges in New Jersey. Id.

If the offender is admitted into Pretrial Intervention
in addition to any other condition imposed, a court in its
discretion, may suspend, revoke or postpone the driving
privileges without a plea of guilty or finding of guilt. Id.

III. TRANSFER OF CERTAIN LAW ENFORCE-

MENT BADGES WITH AUTHORIZATION

PROHIBITED

These three disorderly persons offenses relate to the
unauthorized transfer of law enforcement agency badges.

The first prohibits the sale of any law enforcement
agency badge, the prescribed form of which is presently
or has been in use in New Jersey during any of the five
years preceding the sale, to a person other than a member
of law enforcement agency who presents a letter
authorizing the purchase, signed by the commanding
officer of that law enforcement agency. N.J.S.A. 2C:21-
2.2a.

The second prohibits the purchase of a law
enforcement badge as described in subsection a, unless
the purchaser is a member of a law enforcement agency
who presents a letter authorizing the purchase, signed by
the commanding officer of that law enforcement agency.
N.J.S.A. 2C:21-2.2b

The third offense prohibits the giving or lending of
such a badge, unless the person to whom a badge was
given or loaned is a member of a law enforcement agency
who presents a letter authorizing the transfer, signed by
the commanding officer of that law enforcement agency.
N.J.S.A. 2C:21-2.2c.

It is arguable whether the culpability requirement of
knowledge is implied in the language of this statute. See
Cannel, Criminal Code Annotated, N.J.S.A. 2C:21-2.2,
comment 2 (Gann 2000).

IV. SIMULATING A MOTOR VEHICLE

INSURANCE IDENTIFICATION CARD

This statute, enacted in 1997, makes it a fourth

degree crime to knowingly sell, offer or expose for sale a

document, printed form or other writing which

simulates a motor vehicle insurance identification card.

N.J.S.A. 2C:21-2.3. In addition to any other disposition

for a violation of this offense, the court shall impose on the

convicted offender a period of 30 days community

service. Id.

V. FRAUDS RELATING TO PUBLIC AND

RECORDABLE INSTRUMENTS

A. Fraudulent Destruction, Removal or Concealment of

Recordable Instruments

It is a third degree crime for a person, with the

purpose to deceive or injure anyone, to destroy, remove,

or conceal any will, deed, mortgage, security instrument

or other writing for which the law provides public

recording. N.J.S.A. 2C:21-3a.

This offense relates to writings for which the law

provides for public recording. There is no offense unless

defendant’s actions had a purpose to injure someone

other than himself or herself. Defendant’s acts of

destroying, removing or concealing should not be an

offense if he is the only person injured by the action. See

State v. Redstrake, 39 N.J.L. 365, 370 (Sup. Ct. 1877).

B. Offering a False Instrument for Filing

It is a disorderly persons offense for a person who,

knowing that a written instrument contains false

information or a false statement, offers or presents it to a

public office or public servant with knowledge or belief

that it will be filed with, registered or recorded in, or

otherwise become a party of the records of such public

office or public servant. N.J.S.A. 2C:21-3b.

VI. FALSIFYING OR TAMPERING WITH

RECORDS

These offenses are concerned with non-public

records.

A. Falsifying or Tampering

It is a fourth degree crime to falsify, destroy, remove,

or conceal any writing or record, or utter any writing or