New Jersey Statutes 2C:2-1. Requirement of voluntary act; omission as basis of liability; possession as an act
Terms Used In New Jersey Statutes 2C:2-1
- 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
b. Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:
(1) The omission is expressly made sufficient by the law defining the offense; or
(2) A duty to perform the omitted act is otherwise imposed by law, including but not limited to, laws such as the “Uniform Fire Safety Act,” P.L.1983, c.383 (C. 52:27D-192 et seq.), the “State Uniform Construction Code Act,” P.L.1975, c.217 (C. 52:27D-119 et seq.), or any other law intended to protect the public safety or any rule or regulation promulgated thereunder.
c. Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.
L.1978, c.95; amended 1997,c.180,s.1.