The crime is of the second degree if it (i) involves
1000 or more items bearing a counterfeit mark; (ii)
involves a total retail value of $15,000 or more for all
items bearing or services identified by a counterfeit mark;
or (iii) involves a third or subsequent conviction for the
offense. N.J.S.A. 2C:21-32d(3).
XXXV. ELECTRICAL CONTRACTING WITH-
OUT A PERMIT
In 1998, the Legislature made it a fourth degree
crime for a person to knowingly engage in the business of
electrical contracting without having a business permit
issued by the Board of Examiners of Electrical
Contractors and the person: (1) creates or reinforces a
false impression that he or she is licensed as an electrical
contractor or possesses a business permit; (2) derives a
benefit, the value of which is more than incidental; or (3)
in fact causes injury to another. N.J.S.A. 2C:21-33a. If
the defendant “in fact” causes injury to another, there is
strict liability. N.J.S.A. 2C:21-33b.
XXXVI. PENALTY FOR FALSE CONTRACT
PAYMENT CLAIMS; REPRESENTATION FOR
A GOVERNMENT CONTRACT; GRADING
In 1999, the Legislature made it a second degree
crime to knowingly submit to the government any claim
for payment or performance of a government contract in
the amount of $25,000 or above knowing such claim is
false, fictitious or fraudulent. N.J.S.A. 2C:21-34a. It is
a third degree crime if the claim exceeds $2500, but is less
than $25,000. Id. It is a fourth degree crime if the claim
is $2500 or less. Id.
It is a second degree crime to knowingly make a false
material representation in connection with the
negotiation, award or performance of a government
contract in the amount of $25,000 or above. N.J.S.A.
2C:21-34b. It is a third degree crime if the contract
amount exceeds $2500, but is less than $25,000. Id. It
is a fourth degree crime if the amount is $2500 or less. Id.
GAMBLINGGAMBLINGGAMBLINGGAMBLINGGAMBLING
I. INTRODUCTION
Certain changes have been made in the gradation of
gambling offenses and the penalties available to the
sentencing judge including, most significantly, the
expansion of the defense that a person is merely a player
in a “social game of chance,” without the intent to either
provide material assistance for gambling activities or to
receive profits therefrom in addition to his personal
winnings. See N.J.S.A. 2C:37-1c; N.J.S.A. 2C:37-2c;
N.J.S.A. 2C:37-3b; N.J.S.A. 2C:37-6; N.J.S.A. 2C:37-- A person may also establish a defense to prosecution
if his participation in proscribed gambling activity was de
minimus, that is, within a customary license or tolerance.
See State v. Nevens, 197 N.J. Super. 531, 539 (Law Div.
1984).
While the former provisions in N.J.S.A. 2A:112-1 to
-3; N.J.S.A. 2A:121-1 to -4 and N.J.S.A. 2A:170-18 have
been repealed, the import of most of these provisions
remains incorporated in the reformed penal code.
Accordingly, much of the case law developed under the
former statutes is still relevant to the application of
N.J.S.A. 2C:37-1 et seq. in particular matters.In addition, the possible effect of N.J.S.A. 5:112-1 et
seq., the Casino Control Act, should be considered in
certain applications of the revised gambling statute, as
discussed herein.II. DEFINITIONS
N.J.S.A. 2C:37-1 prescribes the essential terminol-
ogy for describing a particular activity as illegal gambling.“Contest of chance,” is defined as any contest, game,
pool, gaming scheme or gaming device in which the
outcome depends in a material degree on an element of
chance, notwithstanding that the skill of the contestant
or some other person may be a factor. N.J.S.A. 2C:37-1a.
Under this definition, if luck plays a material part in the
game, any skill that may also be involved is irrelevant. See
Boardwalk Regency Corp. v. Attorney General, 188 N.J.
Super. 372, 378-79 (Law. Div. 1982). For examples of
games which have been held to constitute contests of
chance, see Martell v. Lane, 22 N.J. 110, 117 (1956)
(“Stop and Go” games involving mechanisms having
lights, figures and numbers on a playing board); Carll &
Ramagosa, Inc. v. Ash, 23 N.J. 436, 440 (1957)
(boardwalk games in which prizes are awarded); Zaft v.