N.J.S.A. 2C:43-6.8 — Sentencing for offenses involving domestic violence.

2C:43-6.8 Sentencing for offenses involving domestic violence. 4. a. Notwithstanding the provisions of subsection f. of N.J.S.2C:44-1, a person convicted of any of the following crimes of domestic violence, as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), shall be sentenced in accordance with subsection b. of this section: (1) Homicide, pursuant to N.J.S.2C:11-1 et seq.; (2) Aggravated assault, pursuant to paragraph (1), (2), (3), (4), (6), (7) or (8) of subsection b. of N.J.S.2C:12-1; (3) Assault by auto or vessel, pursuant to subsection c. of N.J.S.2C:12-1; (4) Kidnapping, pursuant to N.J.S.2C:13-1; (5) Criminal restraint, pursuant to N.J.S.2C:13-2; (6) Sexual assault, pursuant to N.J.S.2C:14-2; or (7) Criminal sexual contact, pursuant to N.J.S.2C:14-3. b. (1) Unless the provisions of any other law provide for a higher mandatory minimum term of imprisonment, a person convicted of a crime of domestic violence set forth in subsection a. of this section shall be sentenced to a term of imprisonment as follows: for a second or subsequent crime of the fourth degree set forth in subsection a. of this section, 18 months; for a second or subsequent crime of the third degree set forth in subsection a. of this section, five years; for a crime of the second degree, 10 years; and for a crime of the first degree, 20 years. (2) The term of imprisonment imposed pursuant to paragraph (1) of this subsection shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole. L.2016, c.91, s.4.

This is the verbatim text of N.J.S.A. 2C:43-6.8, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.