2C:29-2.
Resisting arrest, eluding officer
a.
(1) Except as provided in paragraph (3), a person is guilty
of a disorderly persons offense if he purposely prevents or attempts
to prevent a law enforcement officer from effecting an arrest. (2)
Except as provided in paragraph (3), a person is guilty of a crime
of the fourth degree if he, by flight, purposely prevents or
attempts to prevent a law enforcement officer from effecting an
arrest. (3) An offense under paragraph (1) or (2) of subsection a.
is a crime of the third degree if the person:
(a)Uses or
threatens to use physical force or violence against the law
enforcement officer or another; or
(b)Uses any other
means to create a substantial risk of causing physical injury to the
public servant or another.
It is not a
defense to a prosecution under this subsection that the law
enforcement officer was acting unlawfully in making the arrest,
provided he was acting under color of his official authority and
provided the law enforcement officer announces his intention to
arrest prior to the resistance.
b.Any person,
while operating a motor vehicle on any street or highway in this
State or any vessel, as defined pursuant to section 2 of P.L.1995,
c.401 (C.12:7-71), on the waters of this State, who knowingly flees
or attempts to elude any police or law enforcement officer after
having received any signal from such officer to bring the vehicle or
vessel to a full stop commits a crime of the third degree; except
that, a person is guilty of a crime of the second degree if the
flight or attempt to elude creates a risk of death or injury to any
person. For purposes of this subsection, there shall be a
permissive inference that the flight or attempt to elude creates a
risk of death or injury to any person if the person's conduct
involves a violation of chapter 4 of Title 39 or chapter 7 of Title
12 of the Revised Statutes. In addition to the penalty prescribed
under this subsection or any other section of law, the court shall
order the suspension of that person's driver's license, or privilege
to operate a vessel, whichever is appropriate, for a period of not
less than six months or more than two years.
In the case of
a person who is at the time of the imposition of sentence less than
17 years of age, the period of the suspension of driving privileges
authorized herein, including a suspension of the privilege of
operating a motorized bicycle, shall commence on the day the
sentence is imposed and shall run for a period as fixed by the
court. If the driving or vessel operating privilege of any person
is under revocation, suspension, or postponement for a violation of
any provision of this Title or Title 39 of the Revised Statutes at
the time of any conviction or adjudication of delinquency for a
violation of any offense defined in this chapter or chapter 36 of
this Title, the revocation, suspension, or postponement period
imposed herein shall commence as of the date of termination of the
existing revocation, suspension, or postponement.
Upon conviction
the court shall collect forthwith the New Jersey driver's licenses
of the person and forward such license or licenses to the Director
of the Division of Motor Vehicles along with a report indicating the
first and last day of the suspension or postponement period imposed
by the court pursuant to this section. If the court is for any
reason unable to collect the license or licenses of the person, the
court shall cause a report of the conviction or adjudication of
delinquency to be filed with the director. That report shall
include the complete name, address, date of birth, eye color, and
sex of the person and shall indicate the first and last day of the
suspension or postponement period imposed by the court pursuant to
this section. The court shall inform the person orally and in
writing that if the person is convicted of personally operating a
motor vehicle or a vessel, whichever is appropriate, during the
period of license suspension or postponement imposed pursuant to
this section the person shall, upon conviction, be subject to the
penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c.401
(C.12:7-83), whichever is appropriate. A person shall be required
to acknowledge receipt of the written notice in writing. Failure to
receive a written notice or failure to acknowledge in writing the
receipt of a written notice shall not be a defense to a subsequent
charge of violation of R.S.39:3-40 or section 14 of P.L.1995, c.401
(C.12:7-83), whichever is appropriate. If the person is the holder
of a driver's or vessel operator's license from another
jurisdiction, the court shall not collect the license but shall
notify the director who shall notify the appropriate officials in
the licensing jurisdiction. The court shall, however, in accordance
with the provisions of this section, revoke the person's
non-resident driving or vessel operating privileges, whichever is
appropriate, in this State.
For the
purposes of this subsection, it shall be a rebuttable presumption
that the owner of a vehicle or vessel was the operator of the
vehicle or vessel at the time of the offense.
L.1978, c.95;
amended 1979, c.178, s.57; 1981, c.290, s.28; 1989, c.84; 1991,
c.341, s.3; 1993, c.219, s.5; 1995, c.401, s.54; 2000, c.18, s.2.
Certified by the Supreme Court of New Jersey
as a Criminal Trial Attorney
