New Jersey Statutes
N.J. Stat. § 2C:3-8 (2026)
Use of force by persons with special responsibility for care, discipline or safety of others
✓ current as of May 2026
The use of force upon or toward the person of another is justifiable as permitted by law or as would be a defense in a civil action based thereon where the actor has been vested or entrusted with special responsibility for the care, supervision, discipline or safety of another or of others and the force is used for the purpose of and, subject to section 2C:3-9(b), to the extent necessary to further that responsibility, unless:
a. The code or the law defining the offense deals with the specific situation involved; or
b. A legislative purpose to exclude the justification claimed otherwise plainly appears; or
c. Deadly force is used, in which case such force must be otherwise justifiable under the provisions of this chapter.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2015–2025 · leading case: Commonwealth v. Dorvil, 32 N.E.3d 861 (Mass. 2015).
Commonwealth v. Dorvil, 32 N.E.3d 861 (Mass. 2015). “§ 28-1413 (exempting force “designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain or mental distress, or gross degradation”); NJ. Stat. Ann. § 2C:3-8 (exempting “[djeadly force”); 18 Pa.”
State v. A.L.A. (085500) (Monmouth Cnty. & Statewide) (N.J. 2022). “N.J.S.A. 2C:3-8 provides in part that force used upon “another is justifiable .”
State of New Jersey v. Franck A. Amang (N.J. Super. Ct. App. Div. 2025). “The Supreme Court noted that although "defense counsel did not expressly cite to N.J.S.A. 2C:3-8 . . . [,] the record is clear regarding what defense counsel twice asked for—an explicit statement that reasonable corporal punishment is not prohibited by law.”
State of New Jersey Vs. A.L.A. (17-01-0157, Monmouth Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2021). “1 Whether it is a New York Giants defensive end charged with assault for having sacked and injured a visiting team's quarterback, or a parent charged with assault for disciplining a child, the Legislature must 1 It may be that the exception for the disciplining of a child from…”
— N.J. Stat. § 2C:3-8(a) — 1 case
State of New Jersey v. Franck A. Amang (N.J. Super. Ct. App. Div. 2025). “The Supreme Court noted that although "defense counsel did not expressly cite to N.J.S.A. 2C:3-8 . . . [,] the record is clear regarding what defense counsel twice asked for—an explicit statement that reasonable corporal punishment is not prohibited by law.”
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