CAUSING OR RISKING WIDESPREAD INJURY OR DAMAGE—
N.J.S.A. 2C:17-2
If you’ve been charged with violation of 2C:17-2, if convicted, you have exposure for jail time up to 10 years, monetary fines up to $150,000.00 plus restitution, and a criminal record. I have been practicing criminal law for 26 plus years. I can help. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF CONDUCT CONSTITUTING OFFENSE:
You are a trucker by trade and you specialize in hauling hazardous discharge. One day you get a call to transport a tanker load of liquid toxic waste from a factory to a government approved toxic waste disposal facility. Just one problem—you know that there is a damaged valve in the tanker’s frame that leaks and that could go altogether causing thousands of gallons of the toxic material to spill on the roadway at any time. However, you need the money the job will bring you, so you take on the load anyway. You are hauling the tanker full of waste down Route 1 in Rahway when that pesky valve thoroughly gives way, causing thousands of gallons of the hazardous waste to spill on the highway onto other motorists and so forth. Have you just committed a serious criminal offense?
a. (1) “A person who, purposely or knowingly, unlawfully causes an explosion,
flood, avalanche, collapse of a building, release or abandonment of poison
gas, radioactive material or any other or destructive substance commits a
crime of the second degree. A person who, purposely or knowingly,
unlawfully causes widespread injury or damage in any manner commits a
crime of the second degree.
(2) A person who, purposely or knowingly, unlawfully causes a hazardous
discharge required to be reported pursuant to the “Spill Compensation and
Control Act”, P.L. 1976, c. 141 (C.58:10-23.11 et seq.) or any rules or
regulations adopted pursuant thereto, or who, purposely or knowingly,
unlawfully causes a release or abandonment of hazardous waste as defined
in section 1 of P.L. 1976, c.99 (C.13:1E-38) or a toxic pollutant as defined
in section 3 of P.L. 1977, c. 74 (C.58:10A-3) commits a crime of the second
degree. Any person who recklessly violates the provisions of this paragraph
is guilty of a crime of the third degree.
b. A person who recklessly causes widespread injury or damage is guilty of a crime
of the third degree.
c. A person who recklessly creates a risk of widespread injury or damage commits
a crime of the fourth degree, even if no such injury or damage occurs. A violation of this subsection is a crime of the third degree if the risk of widespread injury or damage results from the reckless handling or storage of hazardous materials. A violation of this subsection is a crime of the second degree if the handling or storage of hazardous materials violated any law, rule or regulation intended to protect the public health and safety.
d. A person who knowingly or recklessly fails to take reasonable measures to
prevent or mitigate widespread injury or damage commits a crime of the fourth
degree, if:
(1) He knows that he is under an official, contractual or other legal duty to take
such measures; or
(2) he did or assented to the act causing or threatening the injury or damage.
e. For purposes of this section, widespread injury or damage means serious bodily
to five or more people or damage to five or more habitations or to a building
which would normally contained 25 or more persons at the time of the offense.”
The answer to the question is YES. Puckrein v. ATI Transport, A-117-04 (2006); State v. Strader, A-4670-04T44670-04T4 (App. Div. 2007).
These are very serious charges with grave consequences if convicted. Convictions for second degree crimes carry with them monetary fines of up to $150,000.00, plus possible jail time of a minimum of five (5) years and a maximum of ten (10) years per count N.J.S.A. 2C:43-3(a), presumptive seven (7) years. N.J.S.A. 2C:44-1(e), plus payment for possible restitution to any victims. For a third degree crime, the monetary fines are up to $15,000.00, plus jail time of a minimum of three (3) years up to five (5) years, plus a criminal record. N.J.S.A. 2C:43-3(b). For a fourth degree crime, monetary fines are up to $10,000.00, plus jail time of a minimum of one (1) year up to eighteen months, plus a criminal record. N.J.S.A. 2C:43-3(b)
If you’ve been charged with causing or risking widespread damage under N.J.S.A. 2C:17-2, you need to retain a skilled and experienced attorney immediately.
