New Jersey § 2c:3-6

Full text of New Jersey New Jersey Statutes § 2c:3-6, with citation guidance and answers to common questions.

§ 2c:3-6.

Use of Force in Defense of Premises or Personal Property. a. Use of force in defense of premises. Subject to the provisions of this section and of section 2C:3-9 , the use of force upon or toward the person of another is justifiable when the actor

is in possession or control of premises or is licensed or privileged to be thereon

and he reasonably believes such force necessary to prevent or terminate what he reasonably

believes to be the commission or attempted commission of a criminal trespass by such

other person in or upon such premises. b. Limitations on justifiable use of force in defense of premises. (1) Request to desist. The use of force is justifiable under this section only if the actor first requests

the person against whom such force is used to desist from his interference with the

property, unless the actor reasonably believes that: (a) Such request would be useless; (b) It would be dangerous to himself or another person to make the request; or (c) Substantial harm will be done to the physical condition of the property which

is sought to be protected before the request can effectively be made. (2) Exclusion of trespasser. The use of force is not justifiable under this section if the actor knows that the

exclusion of the trespasser will expose him to substantial danger of serious bodily

harm. (3) Use of deadly force. The use of deadly force is not justifiable under subsection a. of this section unless

the actor reasonably believes that: (a) The person against whom the force is used is attempting to dispossess him of his

dwelling otherwise than under a claim of right to its possession; or (b) The person against whom the force is used is attempting to commit or consummate

arson, burglary, robbery or other criminal theft or property destruction; except

that (c) Deadly force does not become justifiable under subparagraphs (a) and (b) of this

subsection unless the actor reasonably believes that: (i) The person against whom it is employed has employed or threatened deadly force

against or in the presence of the actor; or (ii) The use of force other than deadly force to terminate or prevent the commission

or the consummation of the crime would expose the actor or another in his presence

to substantial danger of bodily harm. An actor within a dwelling shall be presumed to have a reasonable belief in the

existence of the danger. The State must rebut this presumption by proof beyond a reasonable doubt. c. Use of force in defense of personal property. Subject to the provisions of subsection d. of this section and of section 2C:3-9 , the use of force upon or toward the person of another is justifiable when the actor

reasonably believes it necessary to prevent what he reasonably believes to be an attempt

by such other person to commit theft, criminal mischief or other criminal interference

with personal property in his possession or in the possession of another for whose

protection he acts. d. Limitations on justifiable use of force in defense of personal property. (1) Request to desist and exclusion of trespasser. The limitations of subsection b. (1) and (2) of this section apply to subsection

c. of this section. (2) Use of deadly force. The use of deadly force in defense of personal property is not justified unless

justified under another provision of this chapter.

Frequently Asked Questions About New Jersey § 2c:3-6

What does New Jersey Statutes § 2c:3-6 cover?

Section 2c:3-6 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 2c:3-6?

A common citation format is "New Jersey Statutes § 2c:3-6" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 2c:3-6 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.