52:4B-62. Definitions relative to profits related to crime

691 words·~3 min read·/nj/title-52/chapter-4b/52-4b-62

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

2. For the purposes of this act:

a. "Crime" means:

(1)any crime as defined under the laws of this State; or

(2)any offense in any jurisdiction which includes all of the essential elements of any crime as defined under the laws of this State; and

(a)the crime victim was a resident of this State at the time of the commission of the offense; or

(b)the act or acts constituting the offense occurred in whole or in part in this State.

b. "Profits from a crime" means:

(1)any property obtained through or income generated from the commission of a crime of which the defendant was convicted;

(2)any property obtained by or income generated from the sale, conversion or exchange of proceeds of a crime, including any gain realized by such sale, conversion or exchange; and

(3)any property which the defendant obtained or income generated as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, a crime, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.

c. "Funds of a convicted person" means all funds and property received from any source by a person convicted of a crime, or by the representative of such person, including the convicted person's spouse, children, parents, siblings or such other person whom a court of competent jurisdiction may deem to be the alter ego of the convicted person, giving due regard to the purpose and intent of this act, but excluding child support and earned income, where such person:

(1)is an inmate or prisoner serving a sentence under the custody and control of the Department of Corrections and includes funds received on behalf of an inmate or prisoner and deposited in an inmate or prisoner account to the credit of the inmate or prisoner;

(2)is not an inmate or prisoner, but who is serving a sentence of probation or conditional discharge or is presently subject to a term of post release supervision, but shall include earned income earned during a period in which such person was not in compliance with the conditions of probation, conditional discharge or post release supervision; or

(3)is no longer subject to a sentence of probation, conditional discharge or post release supervision, and where, within the previous three years, the full or maximum term or period terminated or expired or such person was granted a discharge by the State Parole Board pursuant to applicable law, or granted a discharge or termination from probation pursuant to applicable law or granted a discharge or termination under applicable federal or State law, rules or regulations prior to the expiration of such full or maximum term or period; and includes only:

(a)those funds paid to such person as a result of any interest, right, right of action, asset, share, claim, recovery or benefit of any kind that the person obtained, or that accrued in favor of such person, prior to the expiration of such sentence, term or period;

(b)any recovery or award collected in a lawsuit after expiration of such sentence where the right or cause of action accrued prior to the expiration or service of such sentence; and

(c)earned income earned during a period in which such person was not in compliance with the conditions of probation, conditional release or post release supervision.

d. "Crime victim" means:

(1)the victim of a crime;

(2)the representative of a crime victim;

(3)a Good Samaritan, as provided in P.L.1963, c.140 (C.2A:62A-2 et seq.);

(4)the Victims of Crime Compensation Board or other governmental agency that has received an application for or provided financial assistance or compensation to the victim.

e. "Earned income" means income derived from one's own labor or through active participation in a business, but does not include income from dividends or investments.

f. "Board" means the Victims of Crime Compensation Board established pursuant to section 3 of P.L.1971, c.317 (C.52:4B-3).

L.2003,c.190,s.2.