The
court may, upon application of the prosecuting attorney, sentence a
person who has been convicted of a crime of the first, second or third
degree to an extended term of imprisonment if it finds one or more of
the grounds specified in subsection a., b., c., or f. of this section.
If the grounds specified in subsection d. are found, and the person is
being sentenced for commission of any of the offenses enumerated in
N.J.S.2C:43-6c. or N.J.S.2C:43-6g., the court shall sentence the
defendant to an extended term as required by N.J.S.2C:43-6c. or
N.J.S.2C:43-6g., and application by the prosecutor shall not be
required. The court shall, upon application of the prosecuting attorney,
sentence a person who has been convicted of a crime under N.J.S.2C:14-2
or N.J.S.2C:14-3 to an extended term of imprisonment if the grounds
specified in subsection g. of this section are found. The court shall,
upon application of the prosecuting attorney, sentence a person to an
extended term if the imposition of such term is required pursuant to the
provisions of section 2 of P.L.1994, c.130 (C.2C:43-6.4). The finding
of the court shall be incorporated in the record.
a.The
defendant has been convicted of a crime of the first, second or third
degree and is a persistent offender. A persistent offender is a person
who at the time of the commission of the crime is 21 years of age or
over, who has been previously convicted on at least two separate
occasions of two crimes, committed at different times, when he was at
least 18 years of age, if the latest in time of these crimes or the date
of the defendants last release from confinement, whichever is later, is
within 10 years of the date of the crime for which the defendant is
being sentenced.
b.The
defendant has been convicted of a crime of the first, second or third
degree and is a professional criminal. A professional criminal is a
person who committed a crime as part of a continuing criminal activity
in concert with two or more persons, and the circumstances of the crime
show he has knowingly devoted himself to criminal activity as a major
source of livelihood.
c.The
defendant has been convicted of a crime of the first, second or third
degree and committed the crime as consideration for the receipt, or in
expectation of the receipt, of anything of pecuniary value the amount of
which was unrelated to the proceeds of the crime or he procured the
commission of the offense by payment or promise of payment of anything
of pecuniary value.
d.Second
offender with a firearm. The defendant is at least 18 years of age and
has been previously convicted of any of the following crimes: 2C:11-3,
2C:11-4, 2C:12-1b., 2C:13-1, 2C:14-2a., 2C:14-3a., 2C:15-1, 2C:18-2,
2C:29-5, 2C:39-4a., or has been previously convicted of an offense under
Title 2A of the New Jersey Statutes or under any statute of the United
States or any other state which is substantially equivalent to the
offenses enumerated in this subsection and he used or possessed a
firearm, as defined in 2C:39-1f., in the course of committing or
attempting to commit any of these crimes, including the immediate flight
therefrom.
e.(Deleted by amendment, P.L.2001, c.443).
f.The
defendant has been convicted of a crime under any of the following
sections: N.J.S.2C:11-4, N.J.S.2C:12-1b., N.J.S.2C:13-1,
N.J.S.2C:14-2a., N.J.S.2C:14-3a., N.J.S.2C:15-1, N.J.S.2C:18-2,
N.J.S.2C:29-2b., N.J.S.2C:29-5, N.J.S.2C:35-5, and in the course of
committing or attempting to commit the crime, including the immediate
flight therefrom, the defendant used or was in possession of a stolen
motor vehicle.
g.The
defendant has been convicted of a crime under N.J.S.2C:14-2 or
N.J.S.2C:14-3 involving violence or the threat of violence and the
victim of the crime was 16 years of age or less.
For
purposes of this subsection, a crime involves violence or the threat of
violence if the victim sustains serious bodily injury as defined in
subsection b. of N.J.S.2C:11-1, or the actor is armed with and uses a
deadly weapon or threatens by word or gesture to use a deadly weapon as
defined in subsection c. of N.J.S.2C:11-1, or threatens to inflict
serious bodily injury.
a.The
defendant has been convicted of a crime of the first, second or third
degree and is a persistent offender. A persistent offender is a person
who at the time of the commission of the crime is 21 years of age or
over, who has been previously convicted on at least two separate
occasions of two crimes, committed at different times, when he was at
least 18 years of age, if the latest in time of these crimes or the date
of the defendants last release from confinement, whichever is later, is
within 10 years of the date of the crime for which the defendant is
being sentenced.b.The
defendant has been convicted of a crime of the first, second or third
degree and is a professional criminal. A professional criminal is a
person who committed a crime as part of a continuing criminal activity
in concert with two or more persons, and the circumstances of the crime
show he has knowingly devoted himself to criminal activity as a major
source of livelihood.c.The
defendant has been convicted of a crime of the first, second or third
degree and committed the crime as consideration for the receipt, or in
expectation of the receipt, of anything of pecuniary value the amount of
which was unrelated to the proceeds of the crime or he procured the
commission of the offense by payment or promise of payment of anything
of pecuniary value.d.Second
offender with a firearm. The defendant is at least 18 years of age and
has been previously convicted of any of the following crimes: 2C:11-3,
2C:11-4, 2C:12-1b., 2C:13-1, 2C:14-2a., 2C:14-3a., 2C:15-1, 2C:18-2,
2C:29-5, 2C:39-4a., or has been previously convicted of an offense under
Title 2A of the New Jersey Statutes or under any statute of the United
States or any other state which is substantially equivalent to the
offenses enumerated in this subsection and he used or possessed a
firearm, as defined in 2C:39-1f., in the course of committing or
attempting to commit any of these crimes, including the immediate flight
therefrom.e.(Deleted by amendment, P.L.2001, c.443).f.The
defendant has been convicted of a crime under any of the following
sections: N.J.S.2C:11-4, N.J.S.2C:12-1b., N.J.S.2C:13-1,
N.J.S.2C:14-2a., N.J.S.2C:14-3a., N.J.S.2C:15-1, N.J.S.2C:18-2,
N.J.S.2C:29-2b., N.J.S.2C:29-5, N.J.S.2C:35-5, and in the course of
committing or attempting to commit the crime, including the immediate
flight therefrom, the defendant used or was in possession of a stolen
motor vehicle.g.The
defendant has been convicted of a crime under N.J.S.2C:14-2 or
N.J.S.2C:14-3 involving violence or the threat of violence and the
victim of the crime was 16 years of age or less.For
purposes of this subsection, a crime involves violence or the threat of
violence if the victim sustains serious bodily injury as defined in
subsection b. of N.J.S.2C:11-1, or the actor is armed with and uses a
deadly weapon or threatens by word or gesture to use a deadly weapon as
defined in subsection c. of N.J.S.2C:11-1, or threatens to inflict
serious bodily injury.
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