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Criminal Restraint

Criminal Restraint

In New Jersey, Criminal Restraint is considered a felony. The statute provides:

N.J.S.A. 2C:13-2. Criminal Restraint. A person commits a crime of the third degree if he knowingly:

a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or

b. Holds another in a condition of involuntary servitude.

The creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall for purposes of this section be deemed to be a holding in a condition of involuntary servitude.

In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative or legal guardian of such child and his sole purpose was to assume control of such child.

SOURCE. Model Penal Code: 212.2.

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A criminal restrain conviction will result in a criminal record. At the Newark Law Offices of Kevin Crawford Orr, we can help with your defense. Contact us today to find out more about your options.


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