Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Monday, November 24, 2008

Pawnbrokers; loaning on firearms (a) Third degree (b) Disorderly persons offense 2C:39-11

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Pawnbrokers; loaning on firearms
(a) Third degree (b) Disorderly persons offense 2C:39-11

Conviction under subsection (a)
might be deemed an “illicit
trafficking” AF; or if record of
conviction establishes an offense
akin to one described in 18 U.S.C. §
922 (g)(1), (2), (3), (4), or (5), (j),
(n), (o), (p), or (r), 18 U.S.C. § 924
(b) or (h), or 26 U.S.C. § 5861,
conviction might be deemed a
"firearm offense" AF.
Would probably NOT
be considered a
CIMT.
Conviction under subsection
(a) might be deemed a FO if
record of conviction
establishes that offense
involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)).

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Sale of handcuffs to a person under 18 Disorderly persons offense 2C:39-9.2

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Sale of handcuffs to a person under 18
Disorderly persons offense 2C:39-9.2

Probably NOT. NO.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances (a) Third degree (machine guns) (b) Third degre

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
(a) Third degree (machine guns) (b) Third degree (sawed-off shotguns) (c) Fourth degree (firearm silencers) (d) Fourth degree(weapons) (e) Fourth degree (defaced firearms) (f) Fourth degree (armor penetrating bullets) (g) Third degree (assault firearms)
(h) Fourth degree (large capacity ammunition magazines) 2C:39-9(a)

If record of conviction establishes
that offense involved a firearm or
destructive device (as defined in 18
U.S.C. § 921(a)), or an explosive
device (as defined in 18 U.S.C. §
841(c), would probably be deemed
an “illicit trafficking” AF; or if
record of conviction establishes an
offense akin to one described in 18
U.S.C. § 922 (g)(1), (2), (3), (4), or
(5), (j), (n), (o), (p), or (r), 18 U.S.C.
§ 924 (b) or (h), or 26 U.S.C. §
5861, conviction would probably be
deemed a "firearm offense" AF. If
sentenced to a term of imprisonment
of at least one year, might also be
deemed a "crime of violence" AF.
See note on New Jersey 4th degree
offenses and “crimes of violence” at
end of chart.
Because no intent to
use the weapon
required, conviction
under subsections
(a),(b), (c),(g),would
probably NOT be
considered a CIMT.
Conviction under
subsection (d) might
be considered a CIMT
if record of conviction
demonstrates that the
conviction is under the
provision requiring
intent to use.
Conviction under
subsection (f) or (h)
might be considered a
CIMT depending on
what record reflects
regarding intended
purpose.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Certain persons not to have weapons (a) Fourth degree (b) Second degree. 2C:39-7

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Certain persons not to have weapons
(a) Fourth degree (b) Second degree. 2C:39-7

If record of conviction establishes an
offense akin to one described in 18
U.S.C. § 922 (g)(1), (2), (3), (4), or
(5), (j), (n), (o), (p), or (r), 18 U.S.C.
§ 924 (b) or (h), or 26 U.S.C. §
5861, conviction would probably be
deemed a "firearm offense" AF. If
sentenced to a term of imprisonment
of at least one year, might also be
deemed a "crime of violence" AF.
See note on New Jersey 4th degree
offenses and “crimes of violence” at
end of chart.
Because no intent to
use the weapon
required, would
probably NOT be
considered a CIMT.
Would probably be
considered a FO if record of
conviction establishes that
offense involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)).

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Unlawful possession of weapons (a), (b), (c), (e) Third degree (d) Fourth degree 2C:39-5(a)

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Unlawful possession of weapons
(a), (b), (c), (e) Third degree (d) Fourth degree 2C:39-5(a)

If record of conviction establishes an
offense akin to one described in 18
U.S.C. § 922 (g)(1), (2), (3), (4), or
(5), (j), (n), (o), (p), or (r), 18 U.S.C.
§ 924 (b) or (h), or 26 U.S.C. §
5861, conviction would probably be
deemed a "firearm offense" AF. If
sentenced to a term of imprisonment
of at least one year, might also be
deemed a "crime of violence" AF.
Because no intent to
use the weapon
required, would
probably NOT be
considered a CIMT.
Would be considered a FO if
record of conviction
establishes that offense
involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)). Note
that the text of subsection (d)
does not specify a type of
weapon and should NOT be
considered a FO unless record
of conviction establishes that
offense involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)).

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Possession of weapons during commission of certain crimes Second degree 2C:39-4.1(c)

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Possession of weapons during commission of certain crimes
Second degree 2C:39-4.1(c)

If underlying offense would be
considered a “crime of violence” (as
defined in 18 U.S.C. § 16) and
sentenced to a term of imprisonment
of at least one year, might be deemed
a "crime of violence" AF.
If underlying offense
involved MT,
conviction would
probably be
considered a CIMT.
Might be deemed a CSO if
record of conviction
establishes that underlying
offense involves a controlled
substance as defined in 21
U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Possession of weapons during commission of certain crimes Second degree 2C:39-4.1(b)

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Possession of weapons during commission of certain crimes
Second degree 2C:39-4.1(b)

If sentenced to a term of
imprisonment of at least one year,
would probably be deemed a “crime
of violence” AF.
Would probably be
considered a CIMT.
Might be considered a CSO if
record of conviction
establishes that underlying
offense involved a controlled
substance as defined in 21
U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Possession of weapons during commission of certain crimes Second degree 2C:39-4.1(a)

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Possession of weapons during commission of certain crimes
Second degree 2C:39-4.1(a)

If record of conviction establishes an
offense akin to one described in 18
U.S.C. § 922 (g)(1), (2), (3), (4), or
(5), (j), (n), (o), (p), or (r), 18 U.S.C.
§ 924 (b) or (h), or 26 U.S.C. §
5861, conviction would probably be
deemed "firearm offense" AF. If
underlying offense is considered a
“crime of violence” (as defined in 18
U.S.C. § 16) and sentenced to term
of imprisonment of at least one year,
conviction might also be deemed
"crime of violence" AF.
If the underlying
offense involved MT,
would probably be
considered a CIMT.
Would be considered a FO if
record of conviction
establishes that offense
involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)).
Might be considered a CSO if
record of conviction
establishes that underlying
offense involved a controlled
substance as defined in 21
U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Possession of weapons for unlawful purposes (a) Second degree (b) Second degree (c) Second degree (d) Third degree (e) Fourth degree 2C:39-4

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Possession of weapons for unlawful purposes
(a) Second degree (b) Second degree (c) Second degree (d) Third degree (e) Fourth degree 2C:39-4

If record of conviction establishes an
offense akin to one described in 18
U.S.C. § 922 (g)(1), (2), (3), (4), or
(5), (j), (n), (o), (p), or (r), 18 U.S.C.
§ 924 (b) or (h), or 26 U.S.C. §
5861, conviction under subsection
(a)-(c) would probably be deemed a
"firearm offense" AF. If term of
imprisonment of at least one year is
imposed, conviction under
subsection (a)-(d) might also be
deemed a "crime of violence" AF.
Conviction under
subsections (a)-(d)
would probably be
considered a CIMT;
conviction under
subsection (e) might
be considered a
CIMT.
Conviction under subsection
(a)-(c) would be considered a
FO if record of conviction
establishes that offense
involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)).

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Prohibited weapons and devices (a) Third degree (b) Third degree (c) Fourth degree (d) Fourth degree (e) Fourth degree (f) Fourth degree (h) Fourth de

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Prohibited weapons and devices
(a) Third degree (b) Third degree (c) Fourth degree (d) Fourth degree (e) Fourth degree (f) Fourth degree (h) Fourth degree
(j) Fourth degree (k) Disorderly persons offense 2C:39-3

If record of conviction establishes an
offense akin to one described in 18
U.S.C. § 922 (g)(1), (2), (3), (4), or
(5), (j), (n), (o), (p), or (r), 18 U.S.C.
§ 924 (b) or (h), or 26 U.S.C. §
5861, conviction under subsection
(a), (b), (c), or (d) would probably be
deemed a "firearm offense" AF. If
term of imprisonment of at least one
year is imposed, conviction under
subsection (a)-(j) might also be
deemed a "crime of violence" AF.
See note on New Jersey 4th degree
offenses and “crimes of violence” at
end of chart.
Because statute does
not require intent to
use, conviction would
probably not be
considered a CIMT.
Conviction under subsections
(a),(b),(c) or (d) would be
considered a FO if record of
conviction establishes that
offense involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)).

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Possession of certain prescription drugs Disorderly persons offense 2C:35-24

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Possession of certain prescription drugs
Disorderly persons offense 2C:35-24

Probably NOT an AF. Probably NOT a
CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Obtaining by fraud Third degree 2C:35-13

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Obtaining by fraud
Third degree 2C:35-13

If record reflects conviction under
provision regarding obtaining a CDS
by misrepresentation, etc., would
probably NOT be deemed a “drug
trafficking” AF under current Third
Circuit case law, unless conviction is
for possession of more than 5g of
cocaine base or any amount of
flunitrazepan, in which case might be
deemed “drug trafficking” AF (see
Gerbier v. Holmes, 280 F.3d 297 (3d
Cir. 2002), Steele v. Blackman, 236
F.3d 130 (3d Cir. 2001)). If later
removal hearing takes place outside
the Third Circuit, however,
conviction under this provision
would probably be deemed a “drug
trafficking” AF (see In Re Yanez-
Garcia, 23 I.& N. Dec. 390 (BIA
2002). Please see the note at the end
of this chart for a more detailed
discussion of the issues raised by a
conviction under this section. If
record reflects conviction under
provision regarding obtaining a CDS
by misrepresentation, etc., AND if
loss to any victim(s) exceeds
$10,000 would probably also be
deemed a “fraud or deceit” AF. If
record reflects conviction under
provision regarding obtaining a
forged or fraudulent certificate AND
if term of imprisonment of at least
one year is imposed, would probably
be deemed a “forgery” AF.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.


More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Possession, use or being under the influence of or failure to make lawful disposition Third or fourth degree, or disorderly persons offense 2C:35-10(a

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Possession, use or being under the influence of or failure to make lawful disposition
Third or fourth degree, or disorderly persons offense 2C:35-10(a)

Would probably NOT be deemed a
“drug trafficking” AF under current
Third Circuit case law, unless
conviction is for possession of more
than 5g of cocaine base or any
amount of flunitrazepam, in which
case might be deemed “drug
trafficking” AF (see Gerbier v.
Holmes, 280 F.3d 297 (3d Cir.
2002), Steele v. Blackman, 236 F.3d
130 (3d Cir. 2001)). If later
removal hearing takes place outside
the Third Circuit, however,
conviction for possession of a
controlled substance as defined in 21
U.S.C. § 802, unless as a disorderly
persons offense, would probably be
deemed a “drug trafficking” AF (see
Yanez-Garcia, 23 I.& N. Dec. 390
(BIA 2002). Please see the note at
the end of this chart for a more
detailed discussion of the issues
raised by a conviction under this
section.
Would probably NOT
be considered a
CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Wednesday, November 19, 2008

Strict liability for drug induced deaths First degree 2C:35-9

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Strict liability for drug induced deaths
First degree 2C:35-9

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed a
“drug trafficking” AF.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Distributing, dispensing or possessing within 500 feet of certain public property Second or third degree 2C:35-7.1

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Distributing, dispensing or possessing within 500 feet of certain public property
Second or third degree 2C:35-7.1

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed a
“drug trafficking” AF. However, if
conviction is for distribution of a
small amount of marijuana, and the
record of conviction does not
establish remuneration, may not be
considered an AF. Wilson v.
Ashcroft,350 F.3d 377 (3d Cir.
2003); Steele v. Blackman, 236 F.3d
130 (3d Cir. 2001). Please see more
detailed note at end of chart.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Controlled dangerous substances near or on school property Third degree 2C:35-7

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Controlled dangerous substances near or on school property
Third degree 2C:35-7

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed a
“drug trafficking” AF. However, if
conviction is for distribution of a
small amount of marijuana, and the
record of conviction does not
establish remuneration, may not be
considered an AF. Wilson v.
Ashcroft,350 F.3d 377 (3d Cir.
2003); Steele v. Blackman, 236 F.3d
130 (3d Cir. 2001). Please see more
detailed note at end of chart.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Employing a juvenile in a drug distribution scheme Second degree 2C:35-6

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Employing a juvenile in a drug distribution scheme
Second degree 2C:35-6

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed a
“drug trafficking” AF.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Manufacturing, distributing or dispensing First, second, third or fourth degree (Depending on substance and amount) 2C:35-5

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Manufacturing, distributing or dispensing
First, second, third or fourth degree (Depending on substance and amount) 2C:35-5

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed a
“drug trafficking” AF. However, if
conviction is for distribution of a
small amount of marijuana, and the
record of conviction does not
establish remuneration, may not be
considered an AF. Wilson v.
Ashcroft,350 F.3d 377 (3d Cir.
2003); Steele v. Blackman, 236 F.3d
130 (3d Cir. 2001). Please see more
detailed note at end of chart.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Booby traps in manufacturing or distribution facilities; Fortified premises (b) First or second degree (c) Third degree 2C:35-4.1

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Booby traps in manufacturing or distribution facilities; Fortified premises
(b) First or second degree (c) Third degree 2C:35-4.1

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, might be deemed a
“drug trafficking” AF. If term of
imprisonment of at least one year is
imposed, conviction under
subsection (b) might also be deemed
a “crime of violence” AF.
Might be considered a
CIMT.
Might be considered a CSO if
record of conviction
establishes a controlled
substance as defined in 21
U.S.C. § 802. Might also be
considered a FO if record of
conviction establishes that
“booby trap” is a firearm or
“destructive device” (as
defined in 18 U.S.C. §
921(a)).

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Maintaining or operating a controlled dangerous substance production facility First degree 2C:35-4

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Maintaining or operating a controlled dangerous substance production facility
First degree 2C:35-4

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed a
“drug trafficking” AF.
Would probably be
considered a CIMT.
Would be considered a CSO if
record of conviction
establishes a controlled
substance as defined in 21
U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Leader of narcotics trafficking network First degree 2C:35-3

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Leader of narcotics trafficking network
First degree 2C:35-3

If record of conviction establishes a
controlled substance as defined in 21
U.S.C. § 802, would be deemed
“drug trafficking” AF.
Would probably be
considered a CIMT.
Would be considered a CSO if
record of conviction
establishes a controlled
substance as defined in 21
U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Obscenity for persons under 18 Third degree 2C:34-3

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Obscenity for persons under 18
Third degree 2C:34-3

Conviction under subsection (b)
might be deemed a “child
pornography” AF if record reflects
an offense as described in 18 U.S.C.
§§ 2251, 2251A, or 2252.
Conviction might also be deemed
“sexual abuse of a minor” AF.
Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Obscenity for persons 18 years of age or olderFourth degree 2C:34-2

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Obscenity for persons 18 years of age or older
Fourth degree 2C:34-2

Might be deemed a “child
pornography” AF if record reflects
an offense as described in 18 U.S.C.
§§ 2251, 2251A, or 2252.
Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Loitering for the purpose of engaging in prostitution Disorderly persons offense 2C:34-1.1

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Loitering for the purpose of engaging in prostitution
Disorderly persons offense 2C:34-1.1

NO. Might be considered a
CIMT.
Might trigger “prostitution”
inadmissibility.”

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Prostitution and related offenses (b)(1)First time: disorderly persons offense; subsequent: fourth degree (b)(2) Third or fourth degree (b)(3), (4) Se

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Prostitution and related offenses
(b)(1)First time: disorderly persons offense; subsequent: fourth degree (b)(2) Third or fourth degree (b)(3), (4) Second degree
(b)(5),(6),(7) Third degree 2C:34-1

Conviction under subsections (b)(2)-
(6) might be deemed “prostitution
business” AF. Conviction under
subsection (b)(3),(4) and (7) might
also be deemed “sexual abuse of a
minor” AF.
Conviction would
probably be
considered CIMT.
Might trigger “prostitution”
inadmissibility. Conviction
under subsection (b)(3), (4),
or (7) might also be
considered a CAC.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Solicitation, recruitment to join street gang a) Fourth degree (b) Third degree (c) Second degree 2C:33-28

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Solicitation, recruitment to join street gang
(a) Fourth degree (b) Third degree (c) Second degree 2C:33-28

If term of imprisonment of at least
one year is imposed, conviction
under subsection (b) or (c) would
probably be deemed “crime of
violence” AF. See note on New
Jersey 4 degree th gree offenses and
“crimes of violence” at end of chart.
Conviction might be
considered CIMT,
particularly if
underlying criminal
conduct involves
moral turpitude.


More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Possession or consumption of alcoholic beverage by person under legal age Disorderly persons offense 2C:33-15

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Possession or consumption of alcoholic beverage by person under legal age
Disorderly persons offense 2C:33-15

NO. NO.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Interference with transportation Second, third or fourth degree or disorderly persons offense 2C:33-14

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Interference with transportation
Second, third or fourth degree or disorderly persons offense 2C:33-14

If term of imprisonment of at least
one year is imposed, conviction
under subsection (c), (d) or (e) might
be deemed a “crime of violence” AF.
See note on New Jersey 4th degree
offenses and “crimes of violence” at
end of chart.
Conviction under
subsection (c) or (d)
might be considered a
CIMT if record
reflects purposeful or
knowing intent;
conviction under
subsection (e) would
probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Sexually oriented business Fourth degree 2C:33-12.2

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Sexually oriented business
Fourth degree 2C:33-12.2

Probably NOT (risk that might be
deemed a “prostitution business” AF
less than with respect to conviction
under 2C:33-12(c) because no
express prostitution element).
Might be considered a
CIMT.
Conviction might trigger
“prostitution or
commercialized vice”
inadmissibility.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Maintaining a nuisance (a),(b) Disorderly persons offense (c) Fourth degree 2C:33-12

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Maintaining a nuisance
(a),(b) Disorderly persons offense (c) Fourth degree 2C:33-12

Conviction under subsection (c)
might be deemed a “prostitution
business” AF.
Conviction under
subsection (a) or (b)
might be considered a
CIMT, particularly if
under subsection (a)
record reflects K
intent and under (b)
the underlying offense
involves moral
turpitude; conviction
under subsection (c)
would probably be
considered a CIMT.
Conviction under subsection
(c) might trigger “prostitution
or commercialized vice”
inadmissibility.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Causing fear of unlawful bodily violence Third degree 2C:33-10

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Causing fear of unlawful bodily violence
Third degree 2C:33-10

If term of imprisonment of at least
one year is imposed, might be
deemed a “crime of violence” AF.
Might be considered a
CIMT, particularly if
record reflects P or K
intent.
If victim was a current or
former spouse or similarly
situated individual, conviction
might be considered a CODV.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Causing fear of unlawful bodily violence Third degree 2C:33-10

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Causing fear of unlawful bodily violence
Third degree 2C:33-10

If term of imprisonment of at least
one year is imposed, might be
deemed a “crime of violence” AF.
Might be considered a
CIMT, particularly if
record reflects P or K
intent.
If victim was a current or
former spouse or similarly
situated individual, conviction
might be considered a CODV.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Obstructing highways or public passages Petty disorderly persons offense 2C:33-7

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Obstructing highways or public passages
Petty disorderly persons offense 2C:33-7

NO. NO.


More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Harassment (a)-(d) Petty disorderly persons offense (e) Fourth degree 2C:33-4

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Harassment
(a)-(d) Petty disorderly persons offense (e) Fourth degree 2C:33-4

If a term of imprisonment of at least
one year is imposed, conviction
under subsection (e), would probably
be deemed a “crime of violence” AF
if record of conviction shows that
basis of conviction was for an
offense under subsection (b). See
note on New Jersey 4th degree
offenses and “crimes of violence” at
end of chart.
Might be considered a
CIMT.
If victim was a current or
former spouse or similarly
situated individual, conviction
might be considered a CODV,
or trigger deportability under
CODV clause regarding
“crime of stalking.”

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

False public alarms (a) Third degree (b) Third degree (c) Second degree (e) Disorderly persons offense 2C:33-3

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

False public alarms
(a) Third degree (b) Third degree (c) Second degree (e) Disorderly persons offense 2C:33-3

Probably NOT. Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Wandering, remaining in or prowling public places with purpose of obtaining or selling controlled substances Disorderly persons offense 2C:33-2.1

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Wandering, remaining in or prowling public places with purpose of obtaining or selling controlled substances
Disorderly persons offense 2C:33-2.1

NO. NO. Might be considered a CSO if
record of conviction
establishes a controlled
substance as defined in 21
U.S.C. § 802.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Disorderly conduct Petty disorderly persons offense 2C:33-2

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Disorderly conduct
Petty disorderly persons offense 2C:33-2

NO. NO.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Riot; Failure to disperse (a)(1), (2) Fourth degree (a)(3) Third degree (b) Disorderly persons offense 2C:33-1

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Riot; Failure to disperse
(a)(1), (2) Fourth degree (a)(3) Third degree (b) Disorderly persons offense 2C:33-1

If term of imprisonment of at least
one year is imposed, conviction
under subsection (a) might be
deemed “crime of violence” AF
depending on what the record of
conviction established (see definition
at 18 U.S.C. §16). See note on New
Jersey 4th degree offenses and
“crimes of violence” at end of chart.
Conviction under
subsection (a)(3)
would probably be
considered a CIMT, or
if underlying offense
involves moral
turpitude, conviction
under (a)(1) might be
considered CIMT.
Conviction under subsection
(a)(3) would probably be
considered a FO if record of
conviction establishes that
offense involved a firearm or
destructive device (as defined
in 18 U.S.C. § 921(a)).

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Contempt (a) Fourth degree (b) Fourth degree or disorderly persons offense. 2C:29-9

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Contempt
(a) Fourth degree (b) Fourth degree or disorderly persons offense. 2C:29-9

If term of imprisonment of at least
one year is imposed, might be
deemed an “obstruction of justice” or
a “crime of violence” AF depending
on what the record of conviction
established (see definition at 18
U.S.C. §16). See note on New Jersey
4 degree offenses and “crimes th of
violence” at end of chart.
Might be considered a
CIMT.
Might be considered a CODV
or trigger deportability under
"violation of protection order"
provision.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Bail jumping Third or fourth degree, disorderly persons or petty disorderly persons offense 2C:29-7

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Bail jumping
Third or fourth degree, disorderly persons or petty disorderly persons offense 2C:29-7

If convicted of the offense in the
third degree, would probably be
deemed a “failure to appear” AF.
No.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Hindering apprehension or prosecution Second, third, or fourth degree or disorderly persons offense 2C:29-3

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Hindering apprehension or prosecution
Second, third, or fourth degree or disorderly persons offense 2C:29-3

If term of imprisonment of at least
one year is imposed, would probably
be deemed an “obstruction of
justice” AF.
Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Resisting arrest; Eluding officer (a)(1) Disorderly persons offense (a)(2) Fourth degree (a)(3) Third degree (b) Second or third degree 2C:29-2

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Resisting arrest; Eluding officer
(a)(1) Disorderly persons offense (a)(2) Fourth degree (a)(3) Third degree (b) Second or third degree 2C:29-2

If term of imprisonment of at least
one year is imposed, conviction
under subsection (a)(3), or of a
second degree offense under
subsection (b), would probably be
deemed a “crime of violence” AF.
See note on New Jersey 4th degree
offenses and “crimes of violence” at
end of chart.
Conviction under
subsection (a)(3)(a) or
of a second degree
offense under
subsection (b) might
be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Obstructing administration of law or other governmental function. (a) Disorderly persons offense (b) Fourth degree 2C:29-1

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Obstructing administration of law or other governmental function.
(a) Disorderly persons offense (b) Fourth degree 2C:29-1

If term of imprisonment of at least
one year is imposed, might be
deemed a “crime of violence” AF, or
an “obstruction of justice” AF
depending on what the record
reflects. See note on New Jersey 4th
degree offenses and “crimes of
violence” at end of chart.
Probably NOT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Unsworn falsification to authorities (a) Fourth degree (b) Disorderly persons offense 2C:28-3

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Unsworn falsification to authorities
(a) Fourth degree (b) Disorderly persons offense 2C:28-3

If term of imprisonment of at least
one year is imposed, might be
deemed a “perjury or obstruction of
justice” AF, or if the loss to any
victim(s) exceeds $10,000, might be
deemed a “fraud or deceit” AF.
Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

False swearing Fourth degree 2C:28-2

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

False swearing
Fourth degree 2C:28-2

If term of imprisonment of at least
one year is imposed, might be
deemed a “perjury or obstruction of
justice” AF, or if the loss to any
victim(s) exceeds $10,000, might be
deemed a “fraud or deceit” AF.
(Unlike federal definition of perjury,
no requirement that the false
swearing is on a “material matter”).
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Perjury Third degree 2C:28-1

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Perjury
Third degree 2C:28-1

If term of imprisonment of at least
one year is imposed, would probably
be deemed a “perjury” AF.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Use of 17-Year-Old or younger to commit criminal offense One degree higher than underlying offense 2C:24-9

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Use of 17-Year-Old or younger to commit criminal offense
One degree higher than underlying offense 2C:24-9

Might be considered a AF if
underlying offense is an AF.
Might be considered a
CIMT if underlying
offense involves MT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Endangering welfare of elderly or disabled persons Third degree 2C:24-8

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Endangering welfare of elderly or disabled persons
Third degree 2C:24-8

NO. Probably NOT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Endangering the welfare of an incompetent person Disorderly persons offense 2C:24-7

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Endangering the welfare of an incompetent person
Disorderly persons offense 2C:24-7

NO. Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Willful nonsupport Fourth degree 2C:24-5

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Willful nonsupport
Fourth degree 2C:24-5

NO. Might be considered a
CIMT.
Might be considered "child
neglect or abandonment”
CAC.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Willful nonsupport Fourth degree 2C:24-5

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Willful nonsupport
Fourth degree 2C:24-5

NO. Might be considered a
CIMT.
Might be considered "child
neglect or abandonment”
CAC.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Endangering the welfare of children Second or third degree depending on relationship with child 2C:24-4

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Endangering the welfare of children
Second or third degree depending on relationship with child 2C:24-4

Especially if defendant is more than
four years older than victim and
record shows sexual conduct with
victim, conviction under subsection
(a) would probably be deemed a
"sexual abuse of a minor" AF and
conviction under subsection
(b)(3)and (4) might be deemed a
“sexual abuse of a minor” AF.
Conviction under subsections
(b)(3),(4), or (5), might also be
deemed a "child pornography" AF.
Conviction would
probably be
considered a CIMT.
Conviction would probably be
considered a CAC.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Financial facilitation of criminal activity 2C:21-25

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Financial facilitation of criminal activity
2C:21-25

If the value of the property exceeds
$10,000, conviction under subsection
(b) might be deemed a state analog to
federal “money laundering” AF listed
at 8 U.S.C. §1101 (a)(43)(D).
If the underlying
criminal activity
involves moral
turpitude, might be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Impersonation 2C:21-17

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Impersonation
2C:21-17

If loss to the victim exceeds $10,000,
convictions under subsections (a)(1)
- (a)(4) would probably be deemed
“fraud or deceit” AF, especially if
record of conviction reflects intent to
defraud (as opposed to intent to
injure, obtain a benefit or services, or
avoid payment of a debt, etc. );
conviction under subsection (b)
might be deemed a “fraud” AF.
Conviction would
probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Deceptive business practices Fourth degree or disorderly persons offense 2C:21-7

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Deceptive business practices
Fourth degree or disorderly persons offense 2C:21-7

If loss to the victim exceeds $10,000,
conviction under subsection (h) or (i)
might be deemed a “fraud” AF.
Conviction under
subsection (h) or (i)
might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Credit cards 2C:21-6

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Credit cards
2C:21-6

If the loss to the victim(s) exceeds
$10,000, conviction under subsection
(b), (c)(2),(4),(5), (6),(d),(e) or (h),
requiring intent to defraud, would
probably be deemed a “fraud” AF, or
if term of imprisonment of at least
one year is imposed, conviction
under subsection (c)(1),(2),(4), or(5)
might be deemed a “theft” AF. But
see Nugent v. Ashcroft, 367 F.3d 162
(3d Cir 2004) for arguments that a
conviction under these subsections
would only be AF if term of
imprisonment of at least one year is
imposed and if record of conviction
reflects loss to the victim in excess of
$10,000.
Conviction under
subsection (b),
(c)(2),(4),(5),
(6),(d),(e) or (h),
requiring intent to
defraud, would be
considered a CIMT,
conviction under other
subsections might be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Bad checks Second, third or fourth degree, or disorderly persons offense (depending on amount) 2C:21-5

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Bad checks
Second, third or fourth degree, or disorderly persons offense (depending on amount) 2C:21-5

If the loss to the victim(s) exceeds
$10,000, conviction might be
deemed a “fraud” AF, or if term of
imprisonment of at least one year is
imposed, might be deemed a “theft”
AF. But see Nugent v. Ashcroft, 367
F.3d 162 (3d Cir 2004) for
arguments that a conviction under
this section would only be an AF if
term of imprisonment of at least one
year is imposed and if record of
conviction reflects loss to the victim
in excess of $10,000.
Would probably not
be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Frauds related to public records and recordable instruments (a)Third degree (b) Disorderly persons offense 2C:21-3

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Frauds related to public records and recordable instruments
(a)Third degree (b) Disorderly persons offense 2C:21-3

If the loss to the victim(s) exceeds
$10,000, conviction might be
deemed a “fraud” AF, especially if
record shows intent to deceive (as
opposed to intent to injure).
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Driver’s license or other document issued by governmental agency to verify identity or age simulation a) Third degree (b) Third degree (c) Fourth degr

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Driver’s license or other document issued by governmental agency to verify identity or age simulation
(a) Third degree (b) Third degree (c) Fourth degree (d) Disorderly persons offense 2C:21-2.1

If sentenced to a term of
imprisonment of at least one year,
would probably be deemed a
“forgery” AF.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Criminal simulation Fourth degree 2C:21-2

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Criminal simulation
Fourth degree 2C:21-2

If sentenced to a term of
imprisonment of at least one year,
would probably be deemed a
“forgery” AF; or if the loss to the
victim(s) exceeds $10,000, might be
deemed a “fraud” AF.
Yes.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Forgery and related offenses Third or fourth degree 2C:21-1

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Forgery and related offenses
Third or fourth degree 2C:21-1

If sentenced to a term of
imprisonment of at least one year,
would probably be deemed a
“forgery” AF; or if the loss to the
victim(s) exceeds $10,000, might be
deemed a “fraud” AF.
Yes.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Unauthorized use of ATP card or food stamp coupons with value of $150 or more Fourth degree 2C:20-36

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Unauthorized use of ATP card or food stamp coupons with value of $150 or more
Fourth degree 2C:20-36

If term of imprisonment of at least
one year is imposed, might be
deemed a “theft” offense; or if record
reflects loss to the government in
excess of $10,000, might be deemed
a “fraud” AF. But see Nugent v.
Ashcroft, 367 F.3d 162 (3d Cir.
2004) for arguments that a
conviction under this section would
only be an AF if term of
imprisonment of at least one year is
imposed and if record of conviction
reflects loss to the victim in excess of
$10,000.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Computer theft 2C:20-25

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Computer theft
2C:20-25

Probably NOT. Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Leader of auto theft trafficking network Second degree 2C:20-18

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Leader of auto theft trafficking network
Second degree 2C:20-18

If term of imprisonment of at least
one year is imposed, would probably
be deemed a “theft” or “trafficking in
vehicles” AF.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Use of juvenile in theft of automobiles Second degree 2C:20-17

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Use of juvenile in theft of automobiles
Second degree 2C:20-17

If term of imprisonment of at least
one year is imposed, would probably
be deemed a “theft” AF.
Would probably be
considered a CIMT.


More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Operation of facility for sale of stolen automobile or parts Second degree 2C:20-16

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Operation of facility for sale of stolen automobile or parts
Second degree 2C:20-16

If term of imprisonment of at least
one year is imposed, might be
deemed a “theft”AF; or if record of
conviction reflects that identification
numbers have been altered, would
probably be deemed a “vehicle
trafficking” AF.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Shoplifting 2C:20-11

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Shoplifting
2C:20-11

If term of imprisonment of at least
one year is imposed, would probably
be deemed a “theft” AF.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Tuesday, November 18, 2008

Unlawful taking of means of conveyance Fourth degree 2C:20-10(d

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Unlawful taking of means of conveyance
Fourth degree 2C:20-10(d)

Probably NOT. Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Unlawful taking of means of conveyance Third degree 2C:20-10(c)

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Unlawful taking of means of conveyance
Third degree 2C:20-10(c)

If term of imprisonment of at least
one year is imposed, might be
deemed a “theft” or “crime of
violence” AF.
Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Unlawful taking of means of conveyance Fourth degree 2C:20-10(b)

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Unlawful taking of means of conveyance
Fourth degree 2C:20-10(b)

If term of imprisonment of at least
one year is imposed, might be
deemed a “theft” AF.
Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Unlawful taking of means of conveyance Disorderly persons offense 2C:20-10(a

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Unlawful taking of means of conveyance
Disorderly persons offense 2C:20-10(a)

NO. Probably NOT a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Theft by failure to make required disposition of property received 2C:20-9

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Theft by failure to make required disposition of property received
2C:20-9

If term of imprisonment of at least
one year is imposed, might be
deemed a “theft” offense.
Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Theft of services 2C:20-8

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Theft of services
2C:20-8

If term of imprisonment of at least
one year is imposed, might be
deemed a “theft” AF.
Conviction under
subsection
(a),(b),(h),(i) or (j)
would probably be
considered a CIMT;
conviction under
subsection (c)-(g)
might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Fencing 2C:20-7.1

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Fencing
2C:20-7.1

If term of imprisonment of at least
one year is imposed, might be
deemed a “theft” AF; if record of
conviction also shows that the
“property” is a vehicle the
identification number of which has
been altered, conviction under
subsection (b) might be deemed a
“vehicle trafficking” AF.
Might be considered a
CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Receiving stolen property 2C:20-7

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Receiving stolen property
2C:20-7

If term of imprisonment of at least
one year is imposed, would probably
be deemed a “theft” AF.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Theft of property lost, mislaid, or delivered by mistake 2C:20-6

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Theft of property lost, mislaid, or delivered by mistake
2C:20-6

If term of imprisonment of at least
one year is imposed, would probably
be deemed a “theft” AF.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Theft by extortion 2C:20-5

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Theft by extortion 2C:20-5

If term of imprisonment of at least
one year is imposed, would probably
be deemed a “theft” offense; or
conviction under subsection (a)
might also be deemed a “crime of
violence” AF. See note on New
Jersey 4 degree th gree offenses and
“crimes of violence” at end of chart.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Theft by deception 2C:20-4

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Theft by deception 2C:20-4

If term of imprisonment of at least
one year is imposed, and if record of
conviction shows loss to the victim
exceeds $10,000 would probably be
deemed an AF. See Nugent v.
Ashcroft, 367 F.3d 162 (3d Cir.
2004). However, if later removal
proceedings are held outside the
Third Circuit, then conviction might
be deemed an AF if either of the
above conditions is met.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com

Theft by unlawful taking or disposition 2C:20-3

New Jersey Immigration Consequences of conviction of criminal offense.

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Theft by unlawful taking or disposition
2C:20-3

If term of imprisonment of at least
one year is imposed, would probably
be deemed a “theft” AF.
Would probably be
considered a CIMT.

More immigration information at http://www.nysda.org/idp/docs/fileI.pdf

More criminal law information at www.BeNotGuilty.com and www.njlaws.com