2C:43-7. Sentence of Imprisonment for Crime; Extended Terms.
a. In the cases designated in section 2C:44-3, a person who has been convicted of a crime may be sentenced, and in the cases designated in subsection e. of section 2 of P.L.1994, c.130 (C.2C:43-6.4), in subsection b. of section 2 of P.L.1995, c.126 (C.2C:43-7.1) and in the cases designated in section 1 of P.L.1997, c.410 (C.2C:44-5.1), a person who has been convicted of a crime shall be sentenced, to an extended term of imprisonment, as follows:
(1) In case of aggravated manslaughter sentenced under subsection c. of N.J.S.2C:11-4; or kidnapping when sentenced as a crime of the first degree under paragraph (1) of subsection c. of 2C:13-1; or aggravated sexual assault if the person is eligible for an extended term pursuant to the provisions of subsection g. of N.J.S.2C:44-3 for a specific term of years which shall be between 30 years and life imprisonment;
(2) Except for the crime of murder and except as provided in paragraph (1) of this subsection, in the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 20 years and life imprisonment;
(3) In the case of a crime of the second degree, for a term which shall be fixed by the court between 10 and 20 years;
(4) In the case of a crime of the third degree, for a term which shall be fixed by the court between five and 10 years;
(5) In the case of a crime of the fourth degree pursuant to 2C:43-6c, 2C:43-6g and 2C:44-3d for a term of five years, and in the case of a crime of the fourth degree pursuant to any other provision of law for a term which shall be fixed by the court between three and five years;
(6) In the case of the crime of murder, for a specific term of years which shall be fixed by the court between 35 years and life imprisonment, of which the defendant shall serve 35 years before being eligible for parole;
(7) In the case of kidnapping under paragraph (2) of subsection c. of 2C:13-1, for a specific term of years which shall be fixed by the court between 30 years and life imprisonment, of which the defendant shall serve 30 years before being eligible for parole.
b. As part of a sentence for an extended term and notwithstanding the provisions of 2C:43-9, the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a. during which the defendant shall not be eligible for parole or a term of 25 years during which time the defendant shall not be eligible for parole where the sentence imposed was life imprisonment; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole.
c. In the case of a person sentenced to an extended term pursuant to 2C:43-6c, 2C:43-6f and 2C:44-3d, the court shall impose a sentence within the ranges permitted by 2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall, except as may be specifically provided by N.J.S.2C:43-6f, be fixed at or between one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted for a violation of N.J.S.2C:35-3, the term of parole ineligibility shall be 30 years.
d. In the case of a person sentenced to an extended term pursuant to N.J.S.2C:43-6g, the court shall impose a sentence within the ranges permitted by N.J.S.2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall be fixed at 15 years for a crime of the first or second degree, eight years for a crime of the third degree, or five years for a crime of the fourth degree during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted of a violation of N.J.S.2C:35-3, the term of parole eligibility shall be 30 years.
Notes of Decisions
Cited in
139
cases (
61 in the last 5 years), 1980–2026 · leading case:
State v. Maguire, 423 A.2d 294 (N.J. 1980).
State v. Maguire, 423 A.2d 294 (N.J. 1980).
· cites it 15× “3203 (1979) as finally enacted amended section 2C:ll-3(b) so as to exempt murder penalties from the presumptive sentence requirement 14 and amended section 2C:43-7 as follows (deleted language in brackets; new language underscored): 2C:43-7.”
State v. Kareem T. Tillery (079832) (Essex Cnty. & Statewide), 209 A.3d 866 (N.J. 2019).
· cites it 2× “2C:43-6(a)(2), and the twenty-year maximum of the extended-term range for that offense, N.J.S.A. 2C:43-7(a)(3). Accordingly, the trial court’s eligibility determination is not before the Court in this appeal.”
State v. Gantt, 503 A.2d 849 (N.J. 1986).
· cites it 4× “2C:15-1(b), section 2C:43-7(a)(2) provides an extended-term sentencing range of between twenty-years and life imprisonment.”
State v. Pennington, 712 A.2d 1133 (N.J. 1998).
· cites it 3× “The Assembly Judiciary Committee's statement accompanying A3279 states that § 2C:43-7 was amended to make clear that court imposed parole ineligibility terms should not conflict with the terms of incarceration that would be served under the parole laws.”
State v. Kassey Benjamin(076612), 157 A.3d 427 (N.J. 2017).
“For example, a second-time Graves Act offender may face an extended term between five and ten years, if convicted of a third-degree offense; ten and twenty years, if convicted of a second-degree offense; or thirty years and life imprisonment, if convicted of a first-degree…”
State v. Clarity, 186 A.3d 919 (N.J. Super. Ct. App. Div. 2018).
“Probation can be violated either by a conviction for a subsequent offense or for failure to adhere to a substantial requirement imposed as a condition of the probation; moreover, the subsequent consequences of violating probation are considered part of the corrections process,…”
State v. Hubbard, 422 A.2d 471 (N.J. Super. Ct. App. Div. 1980).
· cites it 2× “The Proposed New Jersey Penal Code § 2C:43-7 a (Final Report of the New Jersey Law Revision Commission, Oct.”
People v. Mata, 842 N.E.2d 686 (Ill. 2006).
“N.J. Stat. Ann. § 2C:43-7(a)(3) (West 1995).”
State v. Gillespie, 497 A.2d 232 (N.J. Super. Ct. App. Div. 1984).
· cites it 2× “[2] The Commentary to the New Jersey Code states: The concept of an extended term of imprisonment as a device for dealing with the more difficult criminal was discussed in connection with Section 2C:43-7. That Section establishes the authorized additional lengths of imprisonment…”
John Royster v. William H. Fauver & Christopher Dietz, 775 F.2d 527 (3rd Cir. 1985).
“See NJ.Stat.Ann. § 2C:43-7(b)(c) (mandatory minimum twenty-five year term for murder), Further evidence against Royster’s argument is that the Board’s decision was clearly influenced by factors other than the New Code’s sentencing provisions.”
State v. Bill, 476 A.2d 813 (N.J. Super. Ct. App. Div. 1984).
“II: Commentary, proposed § 2C:12-2 at 179, proposed § 2C:43-7 at 318-319, and proposed § 2C:44-3 at 329-332.”
— N.J. Stat. § 2C:43-7(a) — 11 cases
State v. Maguire, 423 A.2d 294 (N.J. 1980).
“3203 (1979) as finally enacted amended section 2C:ll-3(b) so as to exempt murder penalties from the presumptive sentence requirement 14 and amended section 2C:43-7 as follows (deleted language in brackets; new language underscored): 2C:43-7.”
— N.J. Stat. § 2C:43-7(a)(1) — 6 cases
— N.J. Stat. § 2C:43-7(a)(2) — 19 cases
State v. Gantt, 503 A.2d 849 (N.J. 1986).
“2C:15-1(b), section 2C:43-7(a)(2) provides an extended-term sentencing range of between twenty-years and life imprisonment.”
State v. Maguire, 423 A.2d 294 (N.J. 1980).
“3203 (1979) as finally enacted amended section 2C:ll-3(b) so as to exempt murder penalties from the presumptive sentence requirement 14 and amended section 2C:43-7 as follows (deleted language in brackets; new language underscored): 2C:43-7.”
— N.J. Stat. § 2C:43-7(a)(3) — 27 cases
People v. Mata, 842 N.E.2d 686 (Ill. 2006).
“N.J. Stat. Ann. § 2C:43-7(a)(3) (West 1995).”
— N.J. Stat. § 2C:43-7(a)(4) — 9 cases
— N.J. Stat. § 2C:43-7(a)(6) — 8 cases
— N.J. Stat. § 2C:43-7(b) — 6 cases
— N.J. Stat. § 2C:43-7(b)(c) — 1 case
John Royster v. William H. Fauver & Christopher Dietz, 775 F.2d 527 (3rd Cir. 1985).
“See NJ.Stat.Ann. § 2C:43-7(b)(c) (mandatory minimum twenty-five year term for murder), Further evidence against Royster’s argument is that the Board’s decision was clearly influenced by factors other than the New Code’s sentencing provisions.”
— N.J. Stat. § 2C:43-7(c) — 11 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.