cdTOCtest

must prove that the defendant acted knowingly as to all
material elements of the crime. Id.

It is also an offense to knowingly transport, advertise,
sell, resell, rent or offer for rental, sale or resale, any sound
recording or audiovisual work that the person knows has
been produced in violation of this section. N.J.S.A.
2C:21-2c(2).

The third offense did not exist under prior law and is
directed to the recording or video taping of live
performances. It is a crime to knowingly manufacture or
transfer, directly or indirectly by any means, or record or
fix a sound recording or audiovisual work, with intent to
sell or distribute for commercial advantage or private
financial gain, a live performance with the knowledge
that the performance was recorded without the consent
of its owner. N.J.S.A. 2C:21-2c(3).

The fourth offense seeks to promote truth in labeling.
Assembly, Judiciary, Law Public Safety Committee
Statement, Assembly, L. 1999, c. 125. Sound recordings
or audiovisual works being sold for financial gain clearly
and conspicuously must disclose the true name and
address of the manufacturer and, in the case of a sound
recording, the name of the actual performer or group.
N.J.S.A. 2C:21-21c(4). It is an offense for a person to
knowingly advertise or sell, resell, rent or transport, or
offer for sale, resale or rental, a sound recording or
audiovisual work whose label, cover, box or jacket fail to
clearly and conspicuously provide such information, for
commercial advantage or private financial gain. Id.

Any sound recordings, audiovisual works and any
equipment or components used in violation of this
section are subject to forfeiture. N.J.S.A. 2C:21-21e; see
also N.J.S.A. 2C:64-1 et seq.

Conduct falling within the proscriptions of this
section cannot be prosecuted under the more general
forgery provisions of the Code relating to writings or
objects. State v. El Moghrabi, 316 N.J. Super. 139, 144
(App. Div. 1998).

C. Grading

If any of the four offenses under this section involve
at least 1,000 unlawful sound recordings or at least 65
audiovisual works within any 180 day period, the crime
is of the third degree and is subject to a fine of up to
$250,000. N.J.S.A. 2C:21-21d(1). If the offense
involves more than 100 but less than 10,000 unlawful
sound recordings or more than 7 but less than 65

audiovisual works within any 180 day period, the crime

is of the third degree and is subject to a fine of up to

$150,000. N.J.S.A. 2C:21-21d(2). If it is a first offense

and the number of prohibited items is less than that

designated in subsections d(1) and d(2) of this section,

the crime is of the fourth degree, subject to a fine of up

to $25,000. N.J.S.A. 2C:21-21d(3). If it is a second

offense involving this smaller number of prohibited

items, the crime is of the third degree, subject to a fine of

up to $50,000 for the second offense and $100,000 for

any subsequent offense. Id.

D. Exemptions

This statute does not apply to

1. any broadcaster who, in connection with or as part
   of a radio or television broadcast, or for purposes of
   archival preservation, transfers any sounds or images
   recorded on a sound recording or audiovisual work; and


2. any person who transfers any sounds or images
   recorded on a sound recording or audiovisual work in his
   own home, for his own personal use and without deriving
   any profit. N.J.S.A. 2C:21-21f.

XXVIII. UNAUTHORIZED PRACTICE OF

LAW, PENALTIES

It is a disorderly persons offense to knowingly engage

in the unauthorized practice of law. N.J.S.A. 2C:21-22a.

While the phrase “unauthorized practice of law” is

not defined under the Code, the statute proscribes the

engagement in the practice of law by one who is not a

licensed attorney. See N.J.S.A. 2A:170-78a (repealed).

Conduct encompassed within the statute includes that

which was proscribed by statutes repealed when the Code

was enacted, including, but not limited to (i) preparation

of wills or conveyances for another; (ii) solicitation of a

claim or demand for the purpose of taking legal action;

(iii) representation of another in pursuit of a legal

remedy; or (iv) representation of another suing, being

sued or threatening suit. Id. The statute was also

intended to encompass the unauthorized rendering of

legal advice on how and when to answer a complaint and

preparation of pleadings such as an answer to a

complaint. State v. Rogers, 308 N.J. Super. 59, 69 (App.

Div. 1998).

Certain exceptions, which were recognized under

prior law and probably continue under the Code include:

(1) persons engaged in the searching and guaranteeing of