New Jersey Statutes

N.J. Stat. § 2C:5-4 (2026)

Grading of criminal attempt and conspiracy, mitigation in cases of lesser danger

✓ current as of May 2026

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2C:5-4. Grading of Criminal Attempt and Conspiracy; Mitigation in Cases of Lesser Danger. a. Grading. Except as provided in subsections c., d., and e., an attempt or conspiracy to commit a crime of the first degree is a crime of the second degree; except that an attempt or conspiracy to commit murder or terrorism is a crime of the first degree, provided, however, that if the person attempted or conspired to murder five or more persons, the person shall be sentenced by the court to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment, of which the person shall serve not less than 30 years before eligibility for parole. Otherwise an attempt is a crime of the same degree as the most serious crime which is attempted, and conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy; provided that, leader of organized crime is a crime of the second degree. An attempt or conspiracy to commit an offense defined by a statute outside the code shall be graded as a crime of the same degree as the offense is graded pursuant to N.J.S.2C:1-4 and N.J.S.2C:43-1.

b. Mitigation. The court may impose sentence for a crime of a lower grade or degree if neither the particular conduct charged nor the defendant presents a public danger warranting the grading provided for such crime under subsection a. because:

(1) The criminal attempt or conspiracy charged is so inherently unlikely to result or culminate in the commission of a crime; or

(2) The conspiracy, as to the particular defendant charged, is so peripherally related to the main unlawful enterprise.

c. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime set forth in subsection a., b., or d. of N.J.S.2C:17-1 where the structure which was the target of the crime was a church, synagogue, temple or other place of public worship is a crime of the first degree.

d. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime as set forth in P.L.1994, c.121 (C.2C:21-23 et seq.) is a crime of the same degree as the most serious crime that was conspired to be committed.

e. Notwithstanding the provisions of subsection a. of this section, conspiracy to commit a crime of human trafficking as set forth in section 1 of P.L.2005, c.77 (C.2C:13-8) is a crime of the first degree.

Notes of Decisions

Cited in 11 cases (7 in the last 5 years), 1994–2025 · leading case: Andrew Shaw v. Jefferson Sessions III, 898 F.3d 448 (4th Cir. 2018).

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Andrew Shaw v. Jefferson Sessions III, 898 F.3d 448 (4th Cir. 2018). “" N.J. Stat. Ann. § 2C:5-4. In other words, second-degree conspiracy is conspiracy to commit a crime of either the first or second degree; third-degree conspiracy is conspiracy to commit a crime of the third degree; and fourth-degree conspiracy is conspiracy to commit a crime of…”

State v. Robinson, 643 A.2d 591 (N.J. 1994). “See Final Report, supra, § 2C:5-4 commentary at 148 (quoting Tentative Draft No.”

State of New Jersey v. Kenneth Hines (15-08-0948, Mercer Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). · cites it 2× “He argued that he should have been sentenced in the second-degree range because an attempt to commit a crime of the first degree must be treated as a second-degree offense for sentencing purposes. See N.”

Gaskins v. The Attorney Gen. of the State of New Jersey (D.N.J. 2021). · cites it 2× “§ 2C:43-7(a)(6) (providing for an extended term between 35 years and life imprisonment); N.J. Stat. § 2C:5-4 (detailing that the penalties for attempted murder are the same as those for murder).”

Vicki Bocelle Vs. Lauren K. Caldwell (fd-01-0150-16, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “N.J.S.A. 2C:5-4. Under our criminal code, burglaries are graded as either second-degree or third-degree offenses.”

State of New Jersey Vs. Farad Andrews (14-09-2348, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “The court's re-instruction is consistent with N.J.S.A. 2C:5-4(a), which provides that an "attempt or conspiracy to commit a crime of the first degree is a crime of the second degree," except for an attempt to commit murder or terrorism.”

State v. Thomas H. Outland (083242) (Union Cnty. & Statewide) (N.J. 2021). “The trial judge asked defense counsel whether he provided defendant with a copy of the indictment, and defense counsel replied that he provided defendant with “some discovery” and 1 Pursuant to N.J.S.A. 2C:5-4, conspiracy to commit first-degree robbery is a second-degree offense.”

State of New Jersey Vs. Al-raheem S. Marrow (16-06-1858, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “Under count one, defendant was convicted of conspiracy to commit murder, which is a first-degree offense under N.J.S.A. 2C:5-4(a). The sentencing range for a first-degree offense is between ten and twenty years.”

State of New Jersey v. Tyrese Harris State of New Jersey v. Abdullah Stewart (16-10-2978, 17-07-2031 & 17-08-2284, Essex Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2022). “"Otherwise[,] an attempt is a crime of the same degree as the most serious crime which is attempted, and conspiracy is a crime of the same degree as the most serious crime which is the object of the conspiracy[.”

State of New Jersey v. Jeremy Arrington (N.J. Super. Ct. App. Div. 2024). “As to defendant's final point in his counseled brief, we concur that the matter should be remanded for resentencing, as both parties agree his sentence on the three attempted murder counts was illegal because it exceeded the limits of N.J.S.A. 2C:5-4(a) for attempted murder of…”

State of New Jersey v. D.M.W. (N.J. Super. Ct. App. Div. 2025). “And because grading for an attempted offense is the same as if the criminal act had been completed, N.J.S.A. 2C:5-4(a), charging the jury on attempted criminal mischief – damage to property would have been confusing because it would have 3 "[T]amper with means to interfere with…”

— N.J. Stat. § 2C:5-4(a) — 6 cases

State of New Jersey v. Kenneth Hines (15-08-0948, Mercer Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022). “He argued that he should have been sentenced in the second-degree range because an attempt to commit a crime of the first degree must be treated as a second-degree offense for sentencing purposes. See N.”

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