2C:35-6. Employing a Juvenile in a Drug Distribution Scheme.
Any person being at least 18 years of age who knowingly uses, solicits, directs, hires or employs a person 17 years of age or younger to violate N.J.S.2C:35-4 or subsection a. of N.J.S.2C:35-5, is guilty of a crime of the second degree and shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment which shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or five years, whichever is greater, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may also impose a fine not to exceed $500,000.00 or five times the street value of the controlled dangerous substance or controlled substance analog involved, whichever is greater.
It shall be no defense to a prosecution under this section that the actor mistakenly believed that the person which the actor used, solicited, directed, hired or employed was 18 years of age or older, even if such mistaken belief was reasonable.
Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any offense defined in this chapter pursuant to N.J.S.2C:2-6 or any other provision of law governing an actor's liability for the conduct of another, and, notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for a violation of N.J.S.2C:35-3 (leader of narcotics trafficking network), N.J.S.2C:35-4 (maintaining or operating a CDS production facility), N.J.S.2C:35-5 (manufacturing, distributing or dispensing), or N.J.S.2C:35-9 (strict liability for drug induced death).
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1988–2022 · leading case:
People v. Cornett, 274 P.3d 456 (Cal. 2012).
People v. Cornett, 274 P.3d 456 (Cal. 2012).
“11, § 4209 (e)(l)s [statute still reads “14 years of age or younger”]; N.J. Stat. Ann. § 2C:35-6 [statute still reads “17 years of age or younger”]; Ark.”
State of New Jersey v. Kashif K. Patterson, 89 A.3d 616 (N.J. Super. Ct. App. Div. 2014).
“2C:43- 6 states that "this section is designed to incapacitate drug 8 Subsection 6(f) similarly lists N.J.S.A. 2C:35-6, even though it requires a defendant to employ a juvenile to violate "N.”
State v. Dillihay, 601 A.2d 1149 (N.J. 1992).
“2C:35-5 * * * or N.J.S.A. 2C:35-6. [ N.J.S.A. 2C:35-7 (emphasis added).”
State v. S.C., 672 A.2d 1264 (N.J. Super. Ct. App. Div. 1996).
· cites it 2× “*67 N.J.S.A. 2C:35-6, Employing a juvenile in a drug distribution scheme, provides in pertinent part: Any person being at least 18 years of age who knowingly uses, solicits, directs, hires or employs a person 17 years of age or younger to violate N.”
State ex rel. M.A., 547 A.2d 724 (N.J. Super. Ct. App. Div. 1988).
· cites it 2× “Section 2C:35-3, which concerns the leader of a narcotic’s trafficking network, section 2C:35-6, respecting the use of a juvenile to distribute drugs and section 2C:35-7, involving the presence of drugs at or near a school, all contain specific provisions barring the application…”
State of New Jersey Vs. Christopher Harris State of New Jersey Vs. Donald J. Falcone State of New Jersey Vs. Joell a. Fogg State of New Jersey Vs. Gary R. Nelson State of New Jersey Vs. Manuel Santiago State of New Jersey Vs. Thomas Edger State of New Jersey Vs. Davine J. Rice State of New Jersey Vs. Frank R. Matlack (19-12-0713, 18-08-0615, 19-08-0419, 19-10-00570, 20-01-0041, 17-10-0731, 19-10-0561, 19-12-0734, & 18-06-0455, Cape May Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2021).
“2C:35-4; employing a juvenile in a drug distribution scheme, N.J.S.A. 2C:35-6; and drug distribution/possession with intent to distribute if the defendant has previously been convicted of such an offense, N.”
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