New Jersey Statutes 2C:3-3. Execution of public duty
Terms Used In New Jersey Statutes 2C:3-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
(1) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties;
(2) The law governing the execution of legal process;
(3) The judgment or order of a competent court or tribunal;
(4) The law governing the armed services or the lawful conduct of war; or
(5) Any other provision of law imposing a public duty.
b. The other sections of this chapter apply to:
(1) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and
(2) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law.
c. The justification afforded by subsection a. of this section applies:
(1) When the actor reasonably believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and
(2) When the actor reasonably believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.
L.1978, c. 95, s. 2C:3-3, eff. Sept. 1, 1979.