N.J.S.A. 2C:21-8.1 – Definition; Determination of Degree of Offense

2C:21-8.1 – Definition; Determination of Degree of Offense

a. As used in chapter 21, unless a different meaning plainly is required:

“Benefit derived” means the loss resulting from the offense or any gain or advantage to the actor, or coconspirators, or any person in whom the actor is interested, whichever is greater, whether loss, gain or advantage takes the form of money, property, commercial interests or anything else the primary significance of which is economic gain.

b. The benefit derived or resulting harm in violation of chapter 21 shall be determined by the trier of fact. The benefit derived or resulting harm pursuant to one scheme or course of conduct, whether in relation to the same person or several persons, may be aggregated in determining the degree of the offense.

L.1981, c. 290, s. 23, eff. Sept. 24, 1981.

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