N.J. Stat. » Title 2C — THE NEW JERSEY CODE OF CRIMINAL JUSTICE
New Jersey Statutes

N.J. Stat. § 2C:3-1 (2026)

Justification an affirmative defense; civil remedies unaffected

✓ laws through the 2025 session (retrieved May 2026)
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a. In any prosecution based on conduct which is justifiable under this chapter, justification is an affirmative defense.

b. The fact that conduct is justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1977–2025 · leading case: State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015).
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State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015). · cites it 2× “” N.J.S.A. 2C:3-1(a). N.J.S.A. 2C:3-2(b) generally addresses the defenses based on justification: Conduct which would otherwise be an offense is justifiable by reason of any defense of justification provided by law for which neither the code nor other statutory law defining the…”
State v. Toscano, 378 A.2d 755 (N.J. 1977). · cites it 2× “Both the Model Penal Code and the proposed New Jersey Penal Code establish a general principle of justification as a defense, which would encompass many of those cases.”
Amaya v. New Jersey, 766 F. Supp. 2d 533 (D.N.J. 2011). “, N.J.S.A. 2C:3-1 et seq. (use of force); N.”
Abraham v. Raso, 15 F. Supp. 2d 433 (D.N.J. 1998). “N.J.S.A. 2C:3-1. This Court's research has not uncovered any case applying New Jersey law in which an officer’s exposure to tort liability has been controlled by N.”
State of New Jersey Vs. Song Guo Qu, No. A-0998-18T4 (N.J. Super. Ct. App. Div. Oct. 13, 2020). “" Model Jury Charges (Criminal), "Attempt (N.J.S.A. 2C:3-1)" (rev. June 15, 2009). N.”
State v. John T. Bragg, 334 A.3d 184 (N.J. 2025). “See N.J.S.A. 2C:3-1(a), -4(a). The use of force against “another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful 12 force by such other person on the present…”
N.J. Stat. § 2C:3-1(a): 2 cases
State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015). “” N.J.S.A. 2C:3-1(a). N.J.S.A. 2C:3-2(b) generally addresses the defenses based on justification: Conduct which would otherwise be an offense is justifiable by reason of any defense of justification provided by law for which neither the code nor other statutory law defining the…”
State v. John T. Bragg, 334 A.3d 184 (N.J. 2025). “See N.J.S.A. 2C:3-1(a), -4(a). The use of force against “another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful 12 force by such other person on the present…”
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