New Jersey Statutes
N.J. Stat. § 2C:1-8 (2026)
Method of prosecution when conduct constitutes more than one offense
✓ current as of May 2026
Method of Prosecution When Conduct Constitutes More Than One Offense.
a. Prosecution for multiple offenses; limitation on convictions. When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
(1) One offense is included in the other, as defined in subsection d. of this section;
(2) One offense consists only of a conspiracy or other form of preparation to commit the other;
(3) Inconsistent findings of fact are required to establish the commission of the offenses; or
(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct. The provisions of this paragraph (4) of subsection a. of this section or any other provision of law notwithstanding, no State tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, shall be construed to preclude a prosecution for any offense defined in this code.
A determination barring multiple convictions shall be made by the court after verdict or finding of guilt.
b. Limitation on separate trials for multiple offenses. Except as provided in subsection c. of this section, a defendant shall not be subject to separate trials for multiple criminal offenses based on the same conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction and venue of a single court.
c. Authority of court to order separate trials. When a defendant is charged with two or more criminal offenses based on the same conduct or arising from the same episode, the court may order any such charges to be tried separately in accordance with the Rules of Court.
d. Conviction of included offense permitted. A defendant may be convicted of an offense included in an offense charged whether or not the included offense is an indictable offense. An offense is so included when:
(1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or
(2) It consists of an attempt or conspiracy to commit the offense charged or to commit an offense otherwise included therein; or
(3) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.
e. Submission of included offense to jury. The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.
Notes of Decisions
Cited in 151
cases (62 in the last 5 years), 1976–2026 · leading case: State v. Alexander, 183 A.3d 903 (N.J. 2018).
State v. Alexander, 183 A.3d 903 (N.J. 2018). “s that an offense is a lesser-included offense if: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the offense charged or to commit an…”
State of New Jersey v. Lee E. Moorer (13-09-0514, Salem Cnty. & Statewide), 151 A.3d 109 (N.J. Super. Ct. App. Div. 2016). “N.J.S.A. 2C:1-8(d) provides: A defendant may be convicted of an offense included in an offense charged whether or not the included offense is an indictable offense.”
State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden Cnty. & Statewide), 160 A.3d 23 (N.J. 2017). “] The operative language in the Rule is identical to the language in N.J.S.A. 2C:1-8(b) of the Code of Criminal Justice entitled “Limitation on separate trials for multiple offenses.”
State of New Jersey v. Louise Frank, 136 A.3d 429 (N.J. Super. Ct. App. Div. 2016). “Nevertheless, a motor vehicle violation is "consolidated for trial with indicted offenses, not because they are lesser-included criminal offenses of the crimes charged in an indictment, but because our jurisprudence and Rule 3:15-3(a)(1)[6] require consolidation of even Title 39…”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “§ 15-170 ; N.J. Stat. Ann. § 2C:1-8(d)(2) ; Ohio Rev.”
State v. Rechtschaffer, 360 A.2d 362 (N.J. 1976). “Gregory, supra at 522, and section 2C:1-8 of the proposed New Jersey Code of Criminal Justice, supra.”
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019). “2C:5-1, and N.J.S.A. 2C:1-8(d)(2), criminal sexual contact under N.”
State of New Jersey v. Datrell T. Williams, 117 A.3d 1247 (N.J. Super. Ct. App. Div. 2015). “" We agree with the trial court that prosecution of the cocaine charges was not barred by double jeopardy or the mandatory joinder rule, N.J.S.A. 2C:1-8(b) and R. 3:15-1(b). The question presented by the State's appeal is whether, under the facts of this case, the rarely applied…”
State v. Reid, 191 A.3d 713 (N.J. Super. Ct. App. Div. 2018). “2009) (explaining how the breadth of the prohibitions imposed by our State's mandatory joinder rule exceeds the protections constitutionally afforded to criminal defendants under the Double Jeopardy Clause); see also Cannel, New Jersey Criminal Code Annotated , comment 11 on…”
State v. Hill-White, 191 A.3d 688 (N.J. Super. Ct. App. Div. 2018). “2d 841 (1975) ) (alteration in original); see N.J.S.A. 2C:1-8(a) (defining when merger is statutorily required); State v.”
State v. Osborne S. Maloney (068877), 77 A.3d 1147 (N.J. 2013). “By the standards of our jurisprudence, failing to give the jury the opportunity of convicting Maloney of the offense he said he committed had the capacity of causing an unjust result. I therefore respectfully dissent.”
State v. Gonzalez, 380 A.2d 1128 (N.J. 1977). “As a consequence, the underlying policies of collateral estoppel prevention of waste, harassment, uncertainty and inconsistency have usually been cast in terms of fairness to the defendant. Justice Jacobs expressed this attitude in State v.”
— N.J. Stat. § 2C:1-8(a) — 16 cases
State v. Hill-White, 191 A.3d 688 (N.J. Super. Ct. App. Div. 2018). “2d 841 (1975) ) (alteration in original); see N.J.S.A. 2C:1-8(a) (defining when merger is statutorily required); State v.”
State of New Jersey Vs. Gerald Hill-white (12-05-0475, Mercer Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).
State of New Jersey v. Natasha White (N.J. Super. Ct. App. Div. 2024).
State of New Jersey Vs. Christopher Desa(15-02-0180, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. David Richardson(10-10-0860, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
— N.J. Stat. § 2C:1-8(a)(1) — 9 cases
State of New Jersey v. Louise Frank, 136 A.3d 429 (N.J. Super. Ct. App. Div. 2016). “Nevertheless, a motor vehicle violation is "consolidated for trial with indicted offenses, not because they are lesser-included criminal offenses of the crimes charged in an indictment, but because our jurisprudence and Rule 3:15-3(a)(1)[6] require consolidation of even Title 39…”
State of New Jersey Vs. David Richardson(10-10-0860, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Benigno Rivera(15-09-1143, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Jamar B. Cockren (15-01-0049, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).
State of New Jersey Vs. Jason Crozier (14-04-0042, Sussex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
— N.J. Stat. § 2C:1-8(a)(2) — 2 cases
State of New Jersey Vs. Justin C. Angelino(13-06-1855, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Justin C. Angelino (13-06-1855, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
— N.J. Stat. § 2C:1-8(a)(3) — 2 cases
State of New Jersey Vs. Humphrey Cohen (83-03-1433, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
State of New Jersey v. Natasha White (N.J. Super. Ct. App. Div. 2024).
— N.J. Stat. § 2C:1-8(a)(4) — 3 cases
State of New Jersey v. Jesus M. Herrera (18-08-0668, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022).
State of New Jersey v. Edward Raskin (18-07-0433, Union Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2022).
State of New Jersey v. Duan Shaheed (N.J. Super. Ct. App. Div. 2025).
— N.J. Stat. § 2C:1-8(b) — 8 cases
State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden Cnty. & Statewide), 160 A.3d 23 (N.J. 2017). “] The operative language in the Rule is identical to the language in N.J.S.A. 2C:1-8(b) of the Code of Criminal Justice entitled “Limitation on separate trials for multiple offenses.”
State of New Jersey v. Datrell T. Williams, 117 A.3d 1247 (N.J. Super. Ct. App. Div. 2015). “" We agree with the trial court that prosecution of the cocaine charges was not barred by double jeopardy or the mandatory joinder rule, N.J.S.A. 2C:1-8(b) and R. 3:15-1(b). The question presented by the State's appeal is whether, under the facts of this case, the rarely applied…”
State v. Reid, 191 A.3d 713 (N.J. Super. Ct. App. Div. 2018). “2009) (explaining how the breadth of the prohibitions imposed by our State's mandatory joinder rule exceeds the protections constitutionally afforded to criminal defendants under the Double Jeopardy Clause); see also Cannel, New Jersey Criminal Code Annotated , comment 11 on…”
State of New Jersey Vs. Rajhon H. Richardson (16-03-0217, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey v. Stephanie Martinez (N.J. Super. Ct. App. Div. 2025).
— N.J. Stat. § 2C:1-8(d) — 31 cases
State v. Alexander, 183 A.3d 903 (N.J. 2018). “s that an offense is a lesser-included offense if: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the offense charged or to commit an…”
State of New Jersey v. Lee E. Moorer (13-09-0514, Salem Cnty. & Statewide), 151 A.3d 109 (N.J. Super. Ct. App. Div. 2016). “N.J.S.A. 2C:1-8(d) provides: A defendant may be convicted of an offense included in an offense charged whether or not the included offense is an indictable offense.”
Hagans v. State, 559 A.2d 792 (Md. 1989).
United States v. Reyes-Romero, 327 F. Supp. 3d 855 (W.D. Pa. 2018).
State of New Jersey Vs. Latonia E. Bellamy (11-03-0348, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
— N.J. Stat. § 2C:1-8(d)(1) — 9 cases
State v. Alexander, 183 A.3d 903 (N.J. 2018). “s that an offense is a lesser-included offense if: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the offense charged or to commit an…”
State of New Jersey Vs. Wayne J. Johnson, Jr. (13-06-1855, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey Vs. Christopher Desa(15-02-0180, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Jaquan O'neal (14-02-0242, 16-09-1162, & 16-12-0786, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey Vs. Charles F. Sawyer (13-07-0746, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
— N.J. Stat. § 2C:1-8(d)(2) — 5 cases
State v. Alexander, 183 A.3d 903 (N.J. 2018). “s that an offense is a lesser-included offense if: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the offense charged or to commit an…”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “§ 15-170 ; N.J. Stat. Ann. § 2C:1-8(d)(2) ; Ohio Rev.”
State in the Interest of D.m., a Juv., 207 A.3d 250 (N.J. 2019). “2C:5-1, and N.J.S.A. 2C:1-8(d)(2), criminal sexual contact under N.”
State of New Jersey Vs. A.D.D. (18-09-2337, Camden Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2021).
State of New Jersey v. Jason a. Dotts, III State of New Jersey v. James L. Dotts, III (17-03-0358, Monmouth Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2022).
— N.J. Stat. § 2C:1-8(d)(3) — 13 cases
State v. Alexander, 183 A.3d 903 (N.J. 2018). “s that an offense is a lesser-included offense if: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the offense charged or to commit an…”
State of New Jersey Vs. Elijah L. Johnson (15-04-1199, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
State of New Jersey v. Michael Owens (N.J. Super. Ct. App. Div. 2026).
State of New Jersey Vs. Froylan Lopez (16-06-0882, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
— N.J. Stat. § 2C:1-8(e) — 75 cases
State v. Alexander, 183 A.3d 903 (N.J. 2018). “s that an offense is a lesser-included offense if: (1) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or conspiracy to commit the offense charged or to commit an…”
State of New Jersey v. Lee E. Moorer (13-09-0514, Salem Cnty. & Statewide), 151 A.3d 109 (N.J. Super. Ct. App. Div. 2016). “N.J.S.A. 2C:1-8(d) provides: A defendant may be convicted of an offense included in an offense charged whether or not the included offense is an indictable offense.”
State v. Osborne S. Maloney (068877), 77 A.3d 1147 (N.J. 2013). “By the standards of our jurisprudence, failing to give the jury the opportunity of convicting Maloney of the offense he said he committed had the capacity of causing an unjust result. I therefore respectfully dissent.”
State v. Cuni, 697 A.2d 550 (N.J. Super. Ct. App. Div. 1997).
State v. Snellbaker, 639 A.2d 384 (N.J. Super. Ct. App. Div. 1994).
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