Statute of Limitations

Question 1

In 2C:1-6, What are 7 crimes that carry NO statute of limitations?

Answer 1

MM FASACT

Murder 2C:11-3

Manslaughter 2C:11-4

Fugitives from Justice 2C:1-6f

Aggravated Sexual Assault OR Sexual Assault 2C:14-2 (penetration)

Causing/Risking Widespread Injury/Damage; and Environmental Crimes 2C:17-2

Terrorism and Related Offenses 2C:38-1 to 2C:38-5

Question 2

With regards to statute of limitations, generally time begins to run when?

Answer 2

Time begins to run on the DAY AFTER the offense is committed.

Question 3

What are the 6 environmental crimes that have no statute of limitations?

Answer 3

Environmental SACCWA

The Solid Waste Management Act NJS 13:1(e)1

The Air Pollution Control Act NJS 26:2C-1

Causing or risking widespread injury or damage 2C:17-2

The Comprehensive Regulated Medical Waste Management Act NJS 26:2(c)1

The Water Pollution Control Act NJS 58:10(a)1

The Asbestos Law NJS 34:5(a)32

Question 4

Other than statutes with no limitations, after it is committed, a prosecution for most crimes must be commenced when?

Answer 4

Must be commenced within 5 years after it is committed.

Question 5

A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced when?

Answer 5

Must be commenced within 1 year after it is committed

Question 6

What are considered to be the 4 white collar crimes?

Answer 6

COBS or AC

Compounding 2C:29-4

Official misconduct 2C:30-2

Bribery 2C:27-2

Speculating or wagering on official action or information 2C:30-3

OR any Conspiracy or Attempt to commit such offenses

Question 7

A prosecution for an offense set forth in 2C:14-3 (sexual contact) or 2C:24-4 (endangering the welfare of children), when the victim at the time of the offense is below the age of 18 years, must be commenced when?

Answer 7

Must be commenced within 5 years of the victim’s attaining the age of 18 OR within 2 years of the discovery of the offense by the victim, whichever is later.

Question 8

Time starts to run on the day after the offense is committed, except that when the prosecution is supported by what?

Answer 8

Supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis.

Question 9

Time does not start to run until the state is in possession of both the physical evidence and the DNA fingerprint evidence necessary for what?

Answer 9

Necessary to establish the identification of the actor by means of comparison to the physical evidence.