If a person is convicted of a second or subsequent offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any similar statute of the United States, this state, or any other state for an offense that is substantially equivalent to sections 2C:14-2 or 2C:14-3a.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1977–2023 · leading case:
State v. Hester, 186 A.3d 236 (N.J. 2018).
State v. Hester, 186 A.3d 236 (N.J. 2018).
“, N.J.S.A. 2C:14-6. But here, the 2014 Amendment related not to the commission of a subsequent crime but rather to the terms of the sentence imposed for defendants' prior crimes.”
State v. Rodriguez, 185 A.3d 221 (N.J. Super. Ct. App. Div. 2018).
· cites it 2× “A. 2C:43-6.3 (using "mandatory minimum sentence" and "mandatory minimum term" interchangeably).”
State v. Smith, 372 A.2d 386 (N.J. Super. Ct. App. Div. 1977).
· cites it 2× “See also, § 2C:14-6(b), Commentary. (This provision represents a departure from the position taken by the American Law Institute's Model Penal Code, where the privilege is removed only upon a judgment of divorce or a "decree of judicial separation" following the common law…”
Avila v. The Attorney Gen. of the State of New Jersey, No. 1:18-cv-09422 (D.N.J. Mar. 29, 2023).
· cites it 2× “” N.J.S.A. § 2C:14-6. “[T]he sentencing court on 6/25/2009 illegally imposed a sentence on counts 1 and 3 sentences which stem from constitutional error in violation to Petitioner’s 5th, 6th, and 14th Amendment rights of the U.”
N.J. Stat. § 2C:14-6(b): 1 case
State v. Smith, 372 A.2d 386 (N.J. Super. Ct. App. Div. 1977).
“See also, § 2C:14-6(b), Commentary. (This provision represents a departure from the position taken by the American Law Institute's Model Penal Code, where the privilege is removed only upon a judgment of divorce or a "decree of judicial separation" following the common law…”
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