Fortified & Booby Trapped Drug Facilities

New Jersey has established a separate criminal offense that applies when someone engages in booby trapping or fortifying premises used to distribute controlled dangerous substances. This charge is something that must be taken very seriously because it can be treated as a first-degree crime with ten (10) years of prison time exposure. 

Two Varieties of Violation Under this Law

The law governing booby traps and fortification of drug distribution sites is N.J.S.A. 2C:35-4.1 Two types of offenses are carved out under this law, one addressing booby traps and the other concerning fortifying.

1. Booby Trapping. This means any device designed or reasonably likely to cause bodily injury. A booby trap violation is a second-degree crime but is enhanced to a first-degree crime if it causes bodily injury to a third party. The elements that must be established by the prosecutor to obtain a conviction are the existence of a booby trap, that was placed on the property, and that was intended to prevent, impede, delay or provide warning to entry into the premises.
2. Fortifying Structure. A property is fortified when building materials, dogs or other means are used to inhibit access to the premises. It is a third-degree crime to fortify a structure that is used for manufacture, distribution of CDS. The elements of a fortify offense include (i) a fortified structure that is used for controlled dangerous substance; (ii) the fortification is to prevent, impede, delay or provide warning to entry; (iii) defendant maintained, owned, leased, occupied or controlled the structure; and (iv) defendant acted knowingly.

If you were indicted based on allegations that you violated N.J.S.A. 2C:35-4.1, the attorneys on our defense team can help you.