ASSEMBLY, No. 2163

STATE OF NEW JERSEY

INTRODUCED JUNE 20, 1996

By Assemblywoman GILL and Assemblyman COHEN

An Act concerning conspiracy and amending N.J.S.2C:5-4.

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

    1. N.J.S. 2C:5-4 is amended to read as follows:

    2C:5-4. Grading of Criminal Attempt and Conspiracy; Mitigation in Cases of Lesser Danger. a. Grading. [An] Except as provided in subsection c., an attempt or conspiracy to commit a crime of the first degree is a crime of the second degree; except that an attempt to commit murder is a crime of the first degree. Otherwise an attempt is a crime of the same degree as the most serious crime which is attempted, and conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy; provided that, leader of organized crime is a crime of the second degree. An attempt or conspiracy to commit an offense defined by a statute outside the code shall be graded as a crime of the same degree as the offense is graded pursuant to sections 2C:1-4 and 2C:43-1.

    b. Mitigation. The court may impose sentence for a crime of a lower grade or degree if neither the particular conduct charged nor the defendant presents a public danger warranting the grading provided for such crime under subsection a. because:

    (1) The criminal attempt or conspiracy charged is so inherently unlikely to result or culminate in the commission of a crime; or

    (2) The conspiracy, as to the particular defendant charged, is so peripherally related to the main unlawful enterprise.

    c. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime set forth in N.J.S.2C:17-1 where the structure which was the target of the crime was a church, synagogue, temple or other place of public worship is a crime of the first degree.(cf: P.L.1986, c.190, s.1)

    2. This act shall take effect immediately.

STATEMENT

    Currently, conspiracy to commit a crime of the first degree is a crime of the second degree. Otherwise, conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy. This bill provides that conspiracy to commit a crime set forth in N.J.S.2C:17-1, aggravated arson or arson, is a crime of the first degree.

Upgrades conspiracy under certain circumstances.