2C:12-2.
a. A person who purposely or
knowingly does any act, including putting up a false light, which
results in the loss or destruction of a vessel commits a crime of the
third degree.
b.A person commits a crime of the fourth degree if he:
(1)Manufactures or sells a golf ball containing acid or corrosive fluid substance; or
(2)Purposely or knowingly offers, gives
or entices any person to take or accept any treat, candy, gift, food,
drink or other substance that is intended to be consumed which is
poisonous, intoxicating, anesthetizing, tranquilizing, disorienting,
deleterious or harmful to the health or welfare of such person, without
the knowledge of the other person as to the identity and effect of the
substance, except that it is a crime of the third degree if the actor
violates the provisions of this paragraph with the purpose to commit or
facilitate the commission of another criminal offense.
Notwithstanding the term of imprisonment
provided under N.J.S. 2C:43-6, and the provisions of subsection e. of
N.J.S.2C:44-1, if a person is convicted of a crime of the fourth degree
under paragraph (2) of this subsection, the sentence imposed shall
include a fixed minimum sentence of not less than six months during
which the defendant shall not be eligible for parole. If a person is
convicted of a crime of the third degree under paragraph (2) of this
subsection, the sentence imposed shall include a fixed minimum sentence
of not less than eighteen months during which the defendant shall not be
eligible for parole. The court may not suspend or make any other
noncustodial disposition of that person. Notwithstanding the provisions
of N.J.S.2C:1-8 or any other provision of law, a conviction arising
under this subsection shall not merge with a conviction for any offense
that the defendant intended to commit or facilitate, when the defendant
violated the provisions of this section, nor shall any such other
conviction merge with a conviction under this section. Notwithstanding
the provisions of N.J.S.2C:44-5 or any other provision of law, the
sentence for a crime of the third degree imposed pursuant to this
paragraph shall be ordered to be served consecutively to that imposed
for a conviction of the offense that the defendant intended to commit or
facilitate when the defendant violated the provisions of this
subsection.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.