[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/strict-liability-crime-in-nj\/#BlogPosting","mainEntityOfPage":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/strict-liability-crime-in-nj\/","headline":"When You Have Been Charged With a Strict Liability Crime in NJ","name":"When You Have Been Charged With a Strict Liability Crime in NJ","description":"A multitude of criminal offenses ranging from assault, to sexual assault, to\u00a0robbery\u00a0in New Jersey require the state to prove that you possessed some intent when committing a crime. However, offenses known as strict liability crimes allow the court to reach a guilty finding by the prosecution merely showing that you committed the act itself. In […]","datePublished":"2021-01-06","dateModified":"2026-01-06","author":{"@type":"Person","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/#Person","name":"William Proetta Criminal Law","url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"William Proetta Criminal Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","width":250,"height":76}},"image":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/03\/strict-liability-crimes.jpg","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/03\/strict-liability-crimes.jpg","height":641,"width":1000},"url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/strict-liability-crime-in-nj\/","about":["Criminal Case Issues"],"wordCount":1206,"articleBody":"A multitude of criminal offenses ranging from assault, to sexual assault, to\u00a0robbery\u00a0in New Jersey require the state to prove that you possessed some intent when committing a crime. However, offenses known as strict liability crimes allow the court to reach a guilty finding by the prosecution merely showing that you committed the act itself. In some cases, those convicted of strict liability crimes face harsher sentences than those charged with offenses requiring a specific intent.Meaning of Strict Liability for Criminal Charges in New JerseyStrict liability means that a person can be accused of committing a crime simply by performing an act that violates a particular statute. The person\u2019s lack of intent is irrelevant, as the act itself is what matters most. Ordinarily, New Jersey assigns a\u00a0level of culpability (mens rea) to each element of an offense, namely purposely, knowingly, recklessly, or negligently. With strict liability offenses on the other hand, there is no stated mens rea in the statute as outlined in the\u00a0NJ Criminal Code.Nonetheless, the state will have to show that you acted knowingly with regard to certain elements of the crime, but not all.Examples of Strict Liability OffensesSome strict liability offenses may be easier to prove than those with stated intent. For example, the crime of strict liability for a drug induced death (N.J.S.A. 2C:35-9) allows the state to charge you with the equivalent of a murder if you dealt drugs to a person – who used them and died as a result. All that must be proven is that you knowingly distributed narcotics to the deceased, that they used them shortly thereafter, and that the person died.Essentially, there is no requirement that the state show that you intended to kill the victim. Usually, in a homicide, the prosecutor must prove that you acted knowingly or purposely in killing the person.Unlawful Weapon PossessionAnother example of a strict liability crime is\u00a0unlawful possession of a weapon.Many who come to New Jersey are understandably shocked when they are arrested for possession of a weapon in the second degree. The accused often tells the officer that they are licensed in another state. Sadly, the officer has no choice in arresting the individual because having a license in another state does not absolve them of the crime of possessing a weapon in this state without a permit.In essence, traveling to or through New Jersey with a firearm permit from elsewhere is a violation of the laws of NJ, regardless of your knowledge of the law in the first place. You clearly had no intention of committing a crime but your intention is irrelevant in this context, as it is a strict liability crime.Possession of a Weapon by a Certain PersonSimilarly, possession of a weapon by a certain person, otherwise known as a\u00a0certain persons offense, entails the notion of strict liability.If you are someone who is prohibited from having a weapon because you have been convicted of an eligible felony or you were found to have committed an act of domestic violence, you will be charged with a certain persons offense if you are found to possess a weapon. The charge can and will ensue even if you did not know it was against the law to possess the weapon.For each of these criminal offenses, there is no intention of the defendant to commit the crimes as stated. The intention of the accused is really only to possess the weapon itself.Driving while Suspended due to 2nd DUIIn other cases, the conduct is seemingly less troublesome but a strict liability offense nonetheless. For instance, one seemingly innocuous violation that is actually a strict liability offense is driving a car while suspended for a second or subsequent DUI. This is a fourth degree crime, meaning a criminal offense as opposed to a traffic matter. The act of driving is the crime per the outlines of this law. All the state must show is that you knew your license was suspended and that you were driving after you had two DWI convictions.Other strict liability offenses include:Statutory rape (sexual assault involving minors) \u2013 Under N.J.S.A. 2C:14-2, engaging in sexual activity with a person below the age of consent is a strict liability offense. Even if the defendant believed the minor was older, intent or knowledge is not a defense.Drug-induced death \u2013 Under N.J.S.A. 2C:35-9, a person who distributes drugs that result in another\u2019s death can be held strictly liable, regardless of intent to harm.Certain traffic offenses \u2013 Many motor vehicle violations (like speeding, driving without insurance, or operating an unregistered vehicle) are strict liability offenses under New Jersey\u2019s motor vehicle code.Selling alcohol to minors \u2013 Under N.J.S.A. 33:1-77, selling or serving alcohol to someone under 21 is a strict liability offense, even if the seller reasonably believed the person was of legal age.Environmental and regulatory offenses \u2013 Some environmental violations under New Jersey\u2019s environmental protection laws (e.g., illegal dumping, improper hazardous waste disposal) are strict liability crimes to encourage compliance.Defenses and Options When Charged With a Strict Liability Crime in NJThe problem with strict liability charges is that the very nature of these crimes reduces the defenses that would be available in other cases. It can basically make it easier for the state to prove their case against you. When that happens, the potential jail time can be so devastating that it behooves a person to proactively resolve the case before trial. That is not to say that trials never occur in strict liability matters.It should be determined on a case-by-case basis whether it is best to get the case worked out during pretrial negotiations. If the situation warrants, getting a favorable deal can be used in order to cap a sentence by agreement, rather than leaving it up to the judge after a trial. The sentences after a trial are often mandatory in these cases, leaving the judge\u2019s hands reasonably tied.There are certain mandatory sentencing provisions attached to some strict liability crimes. For\u00a0driving while suspended for a second DWI, the court has no choice but to send you to jail for a minimum of 180 days. It makes no difference that you have no priors or that you were not drinking when charged with the offense. Additionally, in the case of a felon who possesses a weapon, the judge must send you to jail for 5 years and you must serve 5 years before reaching parole eligibility.Finding the Right Defense Lawyer to Assist with Your Strict Liability Criminal Case in New JerseyThe above explanation of New Jersey strict liability crimes sounds bleak, but our skilled criminal lawyers understand the various ways to assist in your defense. We have been defending clients charged with crimes like drug distribution,\u00a0aggravated assault,\u00a0eluding an officer,\u00a0endangering the welfare of a minor, burglary, and many others for over ten years in New Jersey. Contact our local Edison office at (732) 659-9600 for more information and personalized legal assistance with your case today. The consultation is always available to you at no charge."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"When You Have Been Charged With a Strict Liability Crime in NJ","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/strict-liability-crime-in-nj\/#breadcrumbitem"}]}]