New Jersey § 23:2a-13

§ 23:2a-13.

a. In addition to any applicable penalties which may be imposed pursuant to R.S.23:4-27 , “The Endangered and Nongame Species Conservation Act,” P.L.1973, c. 309 ( C.23:2A-1 et seq. ), or any other applicable law, a person violating any provision of section 3 of this

act, 1 or any rule or regulation adopted pursuant to section 5 of this act, 2 shall be guilty of: (1) for a first offense, a disorderly persons offense and, notwithstanding the provisions

of N.J.S.2C:43-3 , shall be fined not less than $1,000 or an amount equal to two times the total value

of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved

in the offense, whichever is greater; and (2) for a second or subsequent offense, a crime of the fourth degree and, notwithstanding

the provisions of N.J.S.2C:43-3 , shall be fined not less than $5,000 or an amount equal to two times the total value

of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved

in the offense, whichever is greater. b. Upon a conviction for violating the provisions of section 3 of this act, the court

shall order the seizure of all ivory, ivory products, rhinoceros horn, and rhinoceros

horn products involved in the violation and determine the penalty for the violation

based on the assessed value of the seized products pursuant to subsection a. of this

section. After sentencing the defendant, the court shall order that the seized ivory, ivory

products, rhinoceros horn, and rhinoceros horn products be transferred to the Department

of Environmental Protection for proper disposition. The department, at its discretion, may destroy the ivory, ivory products, rhinoceros

horn, and rhinoceros horn products or donate them to an educational or scientific

institution or organization, including, but not necessarily limited to, a museum,

university, or research group. 1

N.J.S.A. § 23:2A-13.3. 2

N.J.S.A. § 23:2A-13.5.