(2C:20-10): Understanding the Law and Penalties

Elizabeth, NJ 2C:20-10 Attorney

Did you borrow a friend’s bike without asking or take a joyride in a neighbor’s scooter? In New Jersey, this could land you in legal trouble under the statute 2C:20-10, Unlawful Taking of Means of Conveyance. This law protects owners from having their property, including vehicles and other forms of transportation, taken without permission. In New Jersey, besides facing an unlawful taking of means of conveyance, you can also be facing theft by deception, receiving stolen goods, joyriding, speeding, eluding, and other charges depending on the facts of your case.

If you’re facing an Unlawful Taking of Means of Conveyance charge in New Jersey, Brett M Rosen is the attorney you want in your corner. With over eight years of experience, Brett has proven himself as a true winner in the legal arena. His dedication, assertiveness, and unwavering commitment to his clients make him stand out. Whether you’re dealing with a criminal defense case or a speeding/traffic ticket issue, Brett delivers MVP results. His trial skills are second to none, and he’s even been described as “one of NJ’s finest attorneys.” Don’t settle for less; hire Brett M Rosen to fight for your rights and secure the best possible outcome for your case.

Law of Unlawful Taking of Means of Conveyance

2C:20-10 refers to the unauthorized control or operation of any means of transportation without the owner’s consent. This offense can include various forms of conveyance, such as bicycles, boats, horses, and more. Means of Conveyance: This term encompasses a wide range of vehicles and modes of transportation, including motor vehicles, bicycles, motorized bicycles, boats, horses, vessels, surfboards, rafts, skimobiles, airplanes, trains, trams, and trailers.

Key Points:

• Means of conveyance is broadly defined and includes anything used for transportation, such as bicycles, motorcycles, boats, scooters, even horses! Notably, cars and other motor vehicles are addressed in a separate part of the statute (more on that later).
• Temporarily depriving the owner distinguishes this offense from theft, where the intent is to permanently steal the conveyance.
• Without consent means you don’t have permission from the owner or someone authorized to give permission (like a rental shop).

Penalties for NJ Unlawful Taking of Means of Conveyance

The penalties for Unlawful Taking of Means of Conveyance vary based on the circumstances:

1. Disorderly Persons Offense:
   • If a person takes, operates, or exercises control over any means of conveyance (other than a motor vehicle) without the owner’s consent, it constitutes a disorderly persons offense. For example, taking a bicycle, scooter, or any non-motorized conveyance is considered a disorderly persons offense. This is the least serious category of crime in New Jersey and can result in a fine of up to $1,000 and up to 6 months in jail.
   • An affirmative defense exists if the actor reasonably believed the owner or authorized person would have consented to the operation.
2. Fourth-Degree Crime:
   • Taking, operating, or exercising control over a motor vehicle without the owner’s consent results in a fourth-degree crime. The penalties are more significant, including a fine of up to $10,000 and up to 18 months in prison.
3. Third-Degree Crime:
   • Similar to the fourth-degree offense, but with an additional risk factor:
     • The motor vehicle is operated in a manner that creates a risk of injury to any person or damage to property. If the vehicle is operated in a way that endangers others, with penalties reaching $15,000 and up to 5 years in prison.
4. Riding in a Stolen Vehicle:
   • Entering and riding in a motor vehicle knowing it has been taken or is being operated without consent constitutes a fourth-degree crime.

New Jersey Unlawful Taking of Means of Conveyance (2C:20-10): Potential Defenses to Beat the Charge

Uh oh, borrowed a buddy’s skateboard without asking and now facing a 2C:20-10 charge in New Jersey? Don’t panic! While taking a vehicle without permission can lead to trouble, there might be defenses available. Here’s a breakdown of potential defenses to fight a New Jersey Unlawful Taking of Means of Conveyance charge:

Classic Defenses:

• Mistake of Fact: You honestly believed you had permission. This could apply if you borrowed a bike from someone you thought lived there or used a neighbor’s scooter thinking it was forgotten outside.
• Consent: You had permission from someone you reasonably believed was authorized. Maybe you borrowed a friend’s sibling’s car, assuming they had the okay.
• Duress: You were forced to take the conveyance due to a threat of violence or harm to yourself or others. This is a serious defense and requires evidence of a credible threat.
• Auto Shop Mechanic’s Lien: If you were a mechanic with lawful possession of a vehicle for repairs and withheld it due to an unpaid bill, you might have a legitimate claim under the mechanic’s lien law.
• Public Necessity: You took the conveyance in a genuine emergency to protect yourself or others from imminent harm. For instance, using a stranger’s bike to rush someone to the hospital in a life-or-death situation. However, this defense is very narrow and requires specific circumstances.
• Police Misconduct: If law enforcement obtained evidence against you through illegal search and seizure, it could be excluded from court, potentially weakening the prosecution’s case.

Less Common Defenses:

• Owner Entrapment: The owner tricked you into taking the conveyance with the intention of pressing charges. This is a complex defense and requires evidence of the owner’s malicious intent.
• Lack of Criminal Intent: You took the conveyance accidentally or due to forgetfulness, not with the intent to deprive the owner. Imagine leaving the house with your friend’s helmet on your bike by mistake.

Statutory Defense:

• Believed it Was Abandoned: This applies only if you genuinely thought the conveyance was discarded or lost. Just “finding” a nice bike outside a random house likely won’t qualify.

Remember:

• The burden of proof lies with the prosecution to prove your guilt beyond a reasonable doubt.
• These are just potential defenses. Consulting with a qualified New Jersey criminal defense attorney such as Brett M. Rosen is crucial to assess your specific situation and determine the best defense strategy.

New Jersey Unlawful Taking of Means of Conveyance (2C:20-10): Frequently Asked Questions

Borrowed a friend’s scooter without asking and now facing a 2C:20-10 charge in New Jersey? You’re not alone. This FAQ dives deep into New Jersey’s Unlawful Taking of Means of Conveyance law, helping you understand the legalities and potential next steps.

What is 2C:20-10?

2C:20-10 is a New Jersey law that prohibits taking, operating, or controlling any “means of conveyance” without the owner’s consent and with the intent to deprive them of it temporarily. This includes things like bicycles, motorcycles, boats, scooters, and even horses! Cars and other motor vehicles fall under a separate provision within the same statute (more on that later).

What are the penalties for violating 2C:20-10?

The severity of the offense and its penalties depend on the type of conveyance involved:

• Non-Motorized Means of Conveyance: This is considered a disorderly persons offense, the least serious category of crime in New Jersey. It can result in a fine of up to $1,000 and up to 6 months in jail.
• Motorized Vehicles: Taking a car, motorcycle, or any other motor vehicle is a fourth-degree crime. Penalties include a fine of up to $10,000 and up to 18 months in prison. The charge can be elevated to a third-degree crime with harsher penalties if the vehicle is operated in a dangerous manner.

What are some defenses against a 2C:20-10 charge?

There might be defenses available depending on the circumstances. Here are some common ones:

• Mistake of Fact: You genuinely believed you had permission (e.g., borrowing a bike from a seemingly familiar houseguest).
• Consent: You had permission from someone you reasonably believed was authorized (e.g., borrowing a friend’s sibling’s car).
• Lack of Criminal Intent: You took the conveyance accidentally or due to forgetfulness (e.g., leaving with your friend’s helmet on your bike).

Additional defenses may include duress, mechanic’s lien (for repairs), public necessity (true emergencies), and police misconduct (illegal evidence collection). Consulting with a New Jersey criminal defense attorney is crucial to determine the best defense strategy for your specific case.

What if I borrowed a car without permission?

Taking a motor vehicle without permission falls under a separate provision within 2C:20-10 and is generally considered a more serious offense than taking a non-motorized conveyance. The penalties are also harsher, ranging from fines and jail time for a fourth-degree crime to even steeper penalties for a third-degree crime if the vehicle is operated dangerously.

Should I contact a lawyer if I’m facing a 2C:20-10 charge?

Absolutely! An experienced New Jersey criminal defense attorney can:

• Explain your legal rights and options.
• Evaluate the potential defenses in your case.
• Develop a strong defense strategy.
• Represent you in court, if necessary.

Where can I find the full text of NJSA 2C:20-10?

You can access the official New Jersey code through the New Jersey State Legislature website https://www.aoc.gov/explore-capitol-campus/art/richard-stockton-statue. Search for Title 2C, Chapter 20, Section 10 (2C:20-10).

Q: Does the owner need to report the taking immediately for it to be a crime?

A: No, there’s no specific timeframe for the owner to report the taking. As long as the prosecution can prove you took the conveyance without permission and intended to deprive them of it temporarily, the timeframe of the report wouldn’t necessarily affect the charge.

Q: What happens if I leave my bike unlocked and someone takes it? Am I partially at fault?

A: In New Jersey, there’s no law requiring you to lock your bike. Leaving it unlocked wouldn’t automatically make you at fault for someone taking it. However, the prosecution might use it to argue you didn’t take reasonable precautions to secure your property.

Q: Can I get a 2C:20-10 charge for taking my own car after someone else borrowed it without permission?

A: Generally, no. If the car is registered in your name and you’re taking it back from someone who borrowed it without permission, you wouldn’t be violating 2C:20-10. However, it’s always best to handle the situation calmly and avoid causing a scene, especially if the borrower is present.

Q: What if I take someone’s scooter for a very short ride and return it immediately? Is that still a crime?

A: Potentially. The key element in 2C:20-10 is the intent to deprive the owner of the conveyance, even temporarily. If you took the scooter without permission, even for a short ride, you could be charged. However, the specific circumstances, like the duration and how you handled the scooter, might be considered by the court during sentencing.

Q: If I’m facing a 2C:20-10 charge, can I get the charges dropped?

A: There’s a possibility. Sometimes, charges can be dropped through plea bargaining with the prosecutor, especially if you have a clean criminal record and the circumstances surrounding the taking were minor. An attorney can explore these options and negotiate on your behalf.

Premier New Jersey 2C:20-10 Charge Lawyer

When facing an NJSA 2C:20-10 charge in New Jersey, Brett M Rosen is the attorney you want by your side. Here’s why:

1. Expertise and Experience:
   • Brett has eight years of experience in criminal defense law.
   • His track record includes successful outcomes for clients facing similar charges.
2. Strategic Defense:
   • Brett meticulously analyzes each case, identifying weaknesses in the prosecution’s argument.
   • He crafts a strategic defense tailored to your specific situation.
3. Trial Skills:
   • Brett’s courtroom prowess is unmatched. He’s a skilled litigator who knows how to present a compelling case.
   • Whether negotiating or in trial, he fights relentlessly for his clients.
4. Client-Centric Approach:
   • Brett prioritizes client communication. You’ll always know the status of your case.
   • He listens to your concerns, answers questions, and provides personalized guidance.
5. Positive Reputation:
   • Brett is well-respected in the legal community.
   • His reputation often leads to favorable plea deals and dismissals.
6. Results-Driven:
   • Brett’s goal is simple: protect your rightsand achieve the best possible outcome.
   • He’s committed to winning for his clients.

Remember, hiring an attorney is a critical decision. Brett M Rosen’s combination of legal expertise, dedication, and results makes him an excellent choice for your NJSA 2C:20-10 defense.

Contact our office today regarding your or your loved one’s New Jersey Unlawful Taking by Means of Conveyance charge(s).