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

N.J. Stat. § 2C:2-11 (2026)

De minimis infractions

✓ current as of May 2026
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The assignment judge may dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendant's conduct:

a. Was within a customary license or tolerance, neither expressly negated by the person whose interest was infringed nor inconsistent with the purpose of the law defining the offense;

b. Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or

c. Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in forbidding the offense. The assignment judge shall not dismiss a prosecution under this section without giving the prosecutor notice and an opportunity to be heard. The prosecutor shall have a right to appeal any such dismissal.

Notes of Decisions
Cited in 20 cases (11 in the last 5 years), 1995–2025 · leading case: State of NJ v. Bazin, 912 F. Supp. 106 (D.N.J. 1995).
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State of NJ v. Bazin, 912 F. Supp. 106 (D.N.J. 1995). · cites it 8× “DE MINIMIS Defendant also moves to dismiss on the grounds that the alleged conduct is de min-imis, and, as such, the charges may be dismissed under N.J.S.A § 2C:2-11. This provision reads in relevant part: 2C:2-11.”
State v. Hoffman, 695 A.2d 236 (N.J. 1997). “1 Final Report, supra, source or reference note to § 2C:2-11, at 23. The drafters of the MPC summarized the historical basis for that section as a “kind of unarticulated authority to mitigate the general provisions of the criminal law to prevent absurd applications.”
State of New Jersey v. Lucia Manzano (N.J. Super. Ct. App. Div. 2023). · cites it 32× “PER CURIAM The State appeals from an order dismissing its prosecution of defendant Lucia Manzano on contempt and resisting arrest disorderly persons offenses based on a finding defendant's actions constituted de minimis infractions under N.J.S.A. 2C:2-11. Having reviewed the…”
State of New Jersey Vs. Virginia Thomas (14-01-0034, Salem Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). · cites it 19× “N.J.S.A. 2C:2-11. As we are not satisfied the trial court considered all relevant factors in its de minimis analysis, we remand to the assignment judge for reconsideration.”
Castillo v. Attorney Gen. of the United States, 411 F. App'x 500 (3rd Cir. 2011). “Under N.J. Stat. Ann. § 2C:2-11(c), there are 4 gradations of shoplifting offenses.”
Forsman v. Dykstra (D.N.J. 2023). · cites it 6× “) Rather, the disposition of the charges against Plaintiff was a dismissal under N.J.S.A. 2C:2-11, the de minimus statute.”
State of New Jersey Vs. Stacy D. Jackson (2018-0355-1436, Morris Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). · cites it 5× “2C:29-1(a), as de minimis pursuant to N.J.S.A. 2C:2-11. Defendant was charged after he refused to lower his car window and exit his vehicle when ordered to do so during a motor vehicle stop.”
State of New Jersey Vs. Rocco J. Giancarli (1503-s-2019-27 & 1503-s-2019-28, Ocean Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2020). · cites it 5× “A-1941-19T4 2 After the prosecutor failed to respond to Giancarli's counsel's request to voluntarily dismiss the charges, both defendants moved to dismiss the summonses as de minimis violations pursuant to N.J.S.A. 2C:2-11, based in part on the insubstantial amount of marijuana…”
Keith (D.N.J. 2025). · cites it 4× “¶¶ 89- 1 See N.J. Stat. Ann. § 2C:2-11. This statute grants judges “discretion to dismiss certain charges to avoid an absurd application of the penal laws.”
State of New Jersey v. Richard Labinski, Jr. (N.J. Super. Ct. App. Div. 2024). · cites it 3× “2C:1-1 to -104-9, which is codified in N.J.S.A. 2C:2-11. That provision reads: The assignment judge may dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the…”
State of New Jersey v. Richard Labinski, Jr. (N.J. Super. Ct. App. Div. 2024). · cites it 3× “2C:1-1 to -104-9, which is codified in N.J.S.A. 2C:2-11. That provision reads: The assignment judge may dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the…”
Koons v. Platkin (D.N.J. 2023). · cites it 3× “22 Defendants downplay the Court’s concern by pointing to the language that excepts incidental conduct under N.J.S.A. 2C:2-11. This is of little comfort to a holder of a permit to carry, however.”
Show all 20 citing cases →
— N.J. Stat. § 2C:2-11(a) — 1 case
State of New Jersey Vs. Virginia Thomas (14-01-0034, Salem Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “N.J.S.A. 2C:2-11. As we are not satisfied the trial court considered all relevant factors in its de minimis analysis, we remand to the assignment judge for reconsideration.”
— N.J. Stat. § 2C:2-11(b) — 7 cases
State of New Jersey v. Lucia Manzano (N.J. Super. Ct. App. Div. 2023). “PER CURIAM The State appeals from an order dismissing its prosecution of defendant Lucia Manzano on contempt and resisting arrest disorderly persons offenses based on a finding defendant's actions constituted de minimis infractions under N.J.S.A. 2C:2-11. Having reviewed the…”
State of New Jersey Vs. Virginia Thomas (14-01-0034, Salem Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “N.J.S.A. 2C:2-11. As we are not satisfied the trial court considered all relevant factors in its de minimis analysis, we remand to the assignment judge for reconsideration.”
Forsman v. Dykstra (D.N.J. 2023). “) Rather, the disposition of the charges against Plaintiff was a dismissal under N.J.S.A. 2C:2-11, the de minimus statute.”
State of New Jersey Vs. O.D.C. (fo-03-0306-20 & Fo-03-0378-20, Burlington Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2021).
Gary Holmes, III Vs. Bd. of Review (Bd. of Review, Dep't of Labor) (N.J. Super. Ct. App. Div. 2017).
— N.J. Stat. § 2C:2-11(c) — 4 cases
Castillo v. Attorney Gen. of the United States, 411 F. App'x 500 (3rd Cir. 2011). “Under N.J. Stat. Ann. § 2C:2-11(c), there are 4 gradations of shoplifting offenses.”
State of New Jersey Vs. Virginia Thomas (14-01-0034, Salem Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “N.J.S.A. 2C:2-11. As we are not satisfied the trial court considered all relevant factors in its de minimis analysis, we remand to the assignment judge for reconsideration.”
State of New Jersey v. Lucia Manzano (N.J. Super. Ct. App. Div. 2023). “PER CURIAM The State appeals from an order dismissing its prosecution of defendant Lucia Manzano on contempt and resisting arrest disorderly persons offenses based on a finding defendant's actions constituted de minimis infractions under N.J.S.A. 2C:2-11. Having reviewed the…”
Bernardo Castillo v. Atty Gen USA (3rd Cir. 2011).
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