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

N.J. Stat. § 2C:3-9 (2026)

Mistake of law as to unlawfulness of force or legality of arrest; reckless or negligent use of excessive but otherwise justifiable force; reckless or negligent injury or risk of injury to innocent persons

✓ current as of May 2026
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a. The justification afforded by sections 2C:3-4 to 2C:3-7 is unavailable when:

(1) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and

(2) His error is due to ignorance or mistake as to the provisions of the code, any other provisions of the criminal law or the law governing the legality of an arrest or search.

b. (Deleted by amendment; P.L.1981, c. 290.)

c. When the actor is justified under sections 2C:3-3 to 2C:3-8 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.

Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1986–2025 · leading case: State v. Grunow, 506 A.2d 708 (N.J. 1986).
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State v. Grunow, 506 A.2d 708 (N.J. 1986). · cites it 8× “The Commission proposed: The justification provisions * * " of the Code have been so framed that when the actor believes the force that he employs is necessary for any of the purposes which may establish a justification, his belief affords him a defense although it is erroneous,…”
State v. Jenewicz, 940 A.2d 269 (N.J. 2008). · cites it 2× “2C:3-4(a), which states that [s]ubject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against…”
State v. Bowens, 532 A.2d 215 (N.J. 1987). · cites it 4× “Subject to the provisions of this Section and of Section 2C:3-9, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other…”
State v. Gartland, 694 A.2d 564 (N.J. 1997). · cites it 2× “Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting [the actor] against the use of unlawful force…”
State v. Betts, 514 P.3d 341 (Kan. 2022). “§ 28-1414 (3) (self-defense justification "unavailable in a prosecution for such recklessness or negligence towards innocent persons"); N.J. Stat. Ann. § 2C:3-9 (self-defense justification "unavailable in a prosecution for such recklessness or negligence towards innocent…”
State v. Rivers, 599 A.2d 558 (N.J. Super. Ct. App. Div. 1991). · cites it 2× “Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward 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 force by…”
State v. Martinez, 552 A.2d 232 (N.J. Super. Ct. App. Div. 1989). · cites it 2× “Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is justifiable to protect a third person when: (1) The actor would be justified under section 2C:3-4 in using such force to protect himself against the injury…”
State v. Johnston, 608 A.2d 364 (N.J. Super. Ct. App. Div. 1992). · cites it 2× “Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward 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 force by…”
State v. Rodriguez, 920 A.2d 101 (N.J. Super. Ct. App. Div. 2007). · cites it 2× “The Legislature has defined self-defense as follows: Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable *107 when the actor reasonably believes that such force is immediately necessary for the purpose of…”
State v. Fowler, 182 A.3d 971 (N.J. Super. Ct. App. Div. 2018). “The statute explains that the defense of self-defense cannot serve as legal justification for an assault on a third party.”
State v. Joey J. Fowler & Jamil L. Hearns (080880) (Union Cnty. & Statewide), 216 A.3d 152 (N.J. 2019). · cites it 10× “2C:3-4(b)(2), and N.J.S.A. 2C:3-9(c) are read together, Justice Albin explains, they make clear that the justification of self-defense is available when a person justifiably acts in self-defense toward an aggressor but accidentally injures or even kills an innocent person.”
State v. Villanueva, 862 A.2d 1195 (N.J. Super. Ct. App. Div. 2004). · cites it 2× “Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward 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 force by…”
Show all 19 citing cases →
N.J. Stat. § 2C:3-9(b): 3 cases
State v. Grunow, 506 A.2d 708 (N.J. 1986). “The Commission proposed: The justification provisions * * " of the Code have been so framed that when the actor believes the force that he employs is necessary for any of the purposes which may establish a justification, his belief affords him a defense although it is erroneous,…”
State v. A.L.A. (085500) (Monmouth Cnty. & Statewide), No. A-3-21 (N.J. Aug. 18, 2022).
State of New Jersey v. Franck A. Amang, No. A-3406-22 (N.J. Super. Ct. App. Div. Mar. 31, 2025).
N.J. Stat. § 2C:3-9(c): 3 cases
State v. Fowler, 182 A.3d 971 (N.J. Super. Ct. App. Div. 2018). “The statute explains that the defense of self-defense cannot serve as legal justification for an assault on a third party.”
State v. Joey J. Fowler & Jamil L. Hearns (080880) (Union Cnty. & Statewide), 216 A.3d 152 (N.J. 2019). “2C:3-4(b)(2), and N.J.S.A. 2C:3-9(c) are read together, Justice Albin explains, they make clear that the justification of self-defense is available when a person justifiably acts in self-defense toward an aggressor but accidentally injures or even kills an innocent person.”
Commonwealth v. Kenneth Jose Santana-Rodriguez, No. SJC-13753 (Mass. Oct. 14, 2025).
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