ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 490

STATE OF NEW JERSEY

ADOPTED JANUARY 23, 1997

Sponsored by Assemblywoman VANDERVALK and Assemblyman GEIST

An Act concerning certain computer-related offenses and amending N.J.S.2C:43-3.

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

      1. N.J.S.2C:43-3 is amended to read as follows:

      A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

      a.   $100,000.00, when the conviction is of a crime of the first or second degree;

      b.   $7,500.00, when the conviction is of a crime of the third or fourth degree;

      c.   $1,000.00, when the conviction is of a disorderly persons offense;

      d.   $500.00, when the conviction is of a petty disorderly persons offense;

      e.   Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue. For purposes of this section the terms "gain" means the amount of money or the value of property derived by the offender and "loss" means the amount of value separated from the victim or the amount of any payment owed to the victim and avoided or evaded and includes any reasonable and necessary expense incurred by the owner in recovering or replacing lost, stolen or damaged property, or recovering any payment avoided or evaded, and, with respect to property of a research facility, includes the cost of repeating an interrupted or invalidated experiment or loss of profits. The term "victim" shall mean a person who suffers a personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed against that person, or in the case of a homicide, the nearest relative of the victim. The terms "gain" and "loss" shall also mean, where appropriate, the amount of any tax, fee, penalty and interest avoided, evaded, or otherwise unpaid or improperly retained or disposed of;

      f.   Any higher amount specifically authorized by another section of this code or any other statute;

      g.   Up to twice the amounts authorized in subsection a., b., c. or d. of this section, in the case of a second or subsequent conviction of any tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, or of any offense defined in chapter 20 or 21 of this code;

      h.   In the case of violations of chapter 35, any higher amount equal to three times the street value of the controlled dangerous substance or controlled substance analog. The street value for purposes of this section shall be determined pursuant to subsection e. of N.J.S.2C:44-2;

      i. Twice the amounts authorized in subsection a., b., c. or d. of this section, in the case of a conviction of any offense defined in chapter 20 or 21 of this code if the offense was committed through the use of any computer, computer system or computer network or by means of any other electronic communication.  

      The restitution ordered paid to the victim shall not exceed the victim's loss, except that in any case involving the failure to pay any State tax, the amount of restitution to the State shall be the full amount of the tax avoided or evaded, including full civil penalties and interest as provided by law. In any case where the victim of the offense is any department or division of State government, the court shall order restitution to the victim. Any restitution imposed on a person shall be in addition to any fine which may be imposed pursuant to this section.

(cf: P.L.1995, c.417, s.2)

      2. This act shall take effect immediately.

Authorizes higher fines for certain computer-related offenses.