2C :18-6 Degree of crime; penalties; restitution; liability to owner of property.
3. a. An offense pursuant to section 2 of P.L.1983, c.522 (C.2C:18-5) is a crime of the third degree if the actor causes pecuniary loss of $2,000 or more; a crime of the fourth degree if the actor causes pecuniary loss of more than $500 but less than $2,000; and a disorderly persons offense if the actor causes pecuniary loss of $500 or less.
b. The provisions of N.J.S.2C:43-3 to the contrary notwithstanding, in addition to any other sentence which the court may impose pursuant to subsection c. of this section or any other provision of law, a person convicted of an offense under P.L.1983, c.522 (C.2C:18-4 et seq.) shall be sentenced to make restitution, and to pay a fine of not less than $500 if the offense is a crime of the third degree; to pay a fine of not less than $200 if the offense is a crime of the fourth degree; and to pay a fine of not less than $100 when the conviction is of a disorderly persons offense.
c. A person who is convicted of an offense pursuant to section 2 of P.L.1983, c.522 (C.2C:18-5), in addition to any other fine, penalty, or restitution which may be imposed by law, shall be liable to the owner, occupant, lessee, or licensee of the lands or of the tangible property for any reasonable and necessary expenses, including reasonable attorney fees, incurred by the owner, occupant, lessee, or licensee to ensure that the lands or the tangible property are restored to their condition prior to commission of the offense. The court shall order the defendant to pay as appropriate the amount of expenses incurred pursuant to this subsection, unless the amount cannot be ascertained or is subject to dispute in a manner that cannot be resolved without an evidentiary hearing, in which case the amount shall be determined in an action brought pursuant to R.S.4:17-2 .
L.1983, c.522, s.3; amended 2018, c.121, s.2.
b. The provisions of N.J.S.2C:43-3 to the contrary notwithstanding, in addition to any other sentence which the court may impose pursuant to subsection c. of this section or any other provision of law, a person convicted of an offense under P.L.1983, c.522 (C.2C:18-4 et seq.) shall be sentenced to make restitution, and to pay a fine of not less than $500 if the offense is a crime of the third degree; to pay a fine of not less than $200 if the offense is a crime of the fourth degree; and to pay a fine of not less than $100 when the conviction is of a disorderly persons offense.
c. A person who is convicted of an offense pursuant to section 2 of P.L.1983, c.522 (C.2C:18-5), in addition to any other fine, penalty, or restitution which may be imposed by law, shall be liable to the owner, occupant, lessee, or licensee of the lands or of the tangible property for any reasonable and necessary expenses, including reasonable attorney fees, incurred by the owner, occupant, lessee, or licensee to ensure that the lands or the tangible property are restored to their condition prior to commission of the offense. The court shall order the defendant to pay as appropriate the amount of expenses incurred pursuant to this subsection, unless the amount cannot be ascertained or is subject to dispute in a manner that cannot be resolved without an evidentiary hearing, in which case the amount shall be determined in an action brought pursuant to R.S.4:17-2 .
L.1983, c.522, s.3; amended 2018, c.121, s.2.
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