With the speed at which technological innovation takes place, cyber crimes are ever changing and therefore sometimes the law does not specifically address the crime which an individual may have committed. However, generally speaking the law will address the crimes committed. For example most search and seizure law was decided well before the advent of the internet, however the well settled principals, case law and court rules allow the State to search computers and networks just as it can your home or car:
R. 3:5-2 permits the seizure of “any property.” The Rule provides: A search warrant may be issued to search for and seize any property including documents, books, papers and any other tangible objects, obtained in violation of the penal laws of this State or any other state; or possessed, controlled, designed or intended for use or which has been used in connection with any such violation; or constituting evidence of or tending to show any such violation.
In fact during the course of an investigation it may come to light that a computer is actively being used to commit cyber crimes. In this situation the state may seek a court order for the interception of the wire or electronic communications otherwise known as a “wiretap.” This is governed by the requirements set forth for the interception of wire or electronic communications pursuant to N.J.S.A. 2A:156A-1 et seq.
New Jersey has laws to address stored wire and electronic communications, which may be obtained by law enforcement, via N.J.S.A. 2A:156A-27, this law closely parallels the Stored Wire and Electronic Communications and Transactional Records Access Act 18 U.S.C.A. § 2701 et seq.
Law enforcement is limited in getting access to your Internet Service Providers (ISP) electronically stored information via N.J.S.A. 2A:156A-28, which prohibits the disclosure of the contents of a communication while in electronic storage by a person or entity providing an electronic communication service or remote commuting service to the public. However there are exceptions to this rule! Our Mercer County Cyber Crime attorneys are familiar with these laws, contact us for a free consultation.
Aggravated Assault is an indictable charge in New Jersey, generally involving serious bodily injury purposefully, and/or with indifference to human life, or using a deadly/dangerous weapon with intent to cause bodily harm. A deadly weapon could be a gun, knife, bat, car, or any other dangerous item. Aggravated assault is can also charged in cases where a fire or explosion causes bodily injury.
A person is guilty of aggravated assault in New Jersey in following degrees of felonies if he/she:
Fourth degree aggravated assault
2C:12-1(b)(3) Recklessly causes bodily injury to another with a deadly weapon
Third degree aggravated assault
2C:12-1(b)(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon;
2C:12-1(b)(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury
Second degree aggravated assault
2C:12-1(b)(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury
2C:12-1(b)(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10.
Assault by Auto is an assault where a car is used to perpetuate the crime i.e. you hit someone with your car.
Below you will find the statutory definition of Assault by Auto.
2C:12-1c(1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and bodily injury results.
(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of 39:4-50 or 39:4-50.4a while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a designated school crossing
(c) driving through a non-designated school crossing knowing that juveniles are present.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.
Simple Assault is a lesser offense where the defendant knowingly or negligently caused bodily harm, or put a person in fear of bodily harm. This charge usually arise in cases of fights or minor injuries. The maximum penalty is 6 months in jail and/or a $1000 fine. Below you will find the statutory definition of Simple Assault.
2C:12-1(a) Simple Assault
A person is guilty of assault if he:
(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly person’s offense.
N.J.A.C. 13:54-1.6
A permit or identification card may be issued to a person who had previously suffered from a physical defect or disease, or mental disorder, or was an alcoholic if the applicant provides a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof that he or she is no longer suffering from that particular disability in such a manner that it would interfere with or handicap him or her in the handling of firearms.
N.J.A.C. 13:54-1.11
(a) Persons shall apply for a duplicate firearms purchaser identification card to replace a lost, stolen or mutilated card, or in the case of a change of residence by the holder, within 30 days of such loss, theft, mutilation, or change of residence.
(b) The applicant shall complete an application for a duplicate firearms purchaser identification card designated as form STS-3 and a consent for mental health records search designated as form SP 66 and present same to the chief of police in the municipality where the applicant resides or to the Superintendent in all other cases.
(c) It shall be the responsibility of the chief of police of the municipality wherein the applicant currently resides or the Superintendent in all other cases, to conduct a criminal history records check and to determine if the applicant is subject to any of the disabilities as provided by law and this subchapter and to issue the duplicate card, should the applicant qualify. The applicant shall pay the appropriate fee for a Criminal History Record Check as established by N.J.A.C. 13:59 in accordance with N.J.S.A. 53:1-20.5 et seq. (P.L. 1985, c.69).
N.J.A.C. 13:54-1.14
No fees, other than those established by this chapter or law, shall be assessed or charged to any person by any governmental entity of this State for the processing of applications, or for the proper investigation of applicants for licenses, permits, cards and registrations in accordance with the provisions of this chapter.
N.J.A.C. 13:54-1.15
Any background investigation conducted by the chief of police, the Superintendent or the county prosecutor, of any applicant for a permit, firearms identification card license, or registration, in accordance with the requirements of this chapter, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such investigation, including the applicant. Any application for a permit, firearms identification card, or license, and any document reflecting the issuance or denial of such permit, firearms identification card, or license, and any permit, firearms identification card, license, certification, certificate, form of register, or registration statement, maintained by any State or municipal governmental agency, is not a public record and shall not be disclosed to any person not authorized by law or this chapter to have access to such documentation, including the applicant, except on the request of persons acting in their governmental capacities for purposes of the administration of justice.
