This volume is the fourth edition and complete revision of the Criminal Law Digest,prepared by the New Jersey Division of Criminal Justice, Appellate Bureau. The third editionwas published in 1986, and supplemented with a pamphlet in 1988.The Criminal Law Digest was originally envisioned as a ready reference desk manualfor trial and appellate prosecutors and deputy attorneys general who need quick access tosignificant caselaw on most criminal law topics. It also serves as a convenient starting pointfor further legal research on complex issues. While the Digest endeavors to comprehensivelytreat the included topics, it is not intended to be an exhaustive study of the criminal law andparticular issues, which are often fact sensitive, and it should not be relied upon as such.Furthermore, the Criminal Law Digest is not intended to express the official positionof the State of New Jersey or any of its departments, agencies or subdivisions on any particularissue or controversy. Rather, it is a compendium of the state of the law in New Jersey andincludes a discussion of the caselaw and statutory references deemed pertinent on the includedtopics which the contributors feel will be of assistance to trial and appellate prosecutors.The staff has devoted considerable time and energy to updating the Digest with casesdecided and statutes enacted through February 1, 2001. Particularly noteworthy are developments in the law on bias crimes, capital punishment, constitutional law, evidence, habeascorpus, juveniles, Megan’s Law, motor vehicles, search & seizure, self-incrimination, sentencing (3 Strikes Law and NERA) , victim’s rights and weapons.Prepared By:DIVISION OF CRIMINAL JUSTICE, APPELLATE BUREAUKATHRYN FLICKER, DIRECTORANNE C. PASKOW, CHIEF, APPELLATE BUREAURICHARD W. BERG, EDITOR
XXXII. UNLAWFUL PRACTICE OF DENTISTRY This statute, enacted in 1995, makes it a third degree crime for a person who knowingly does not possess a license to practice dentistry, or knowingly has had the license suspended, revoked, or otherwise limited by an order entered by the New Jersey State Board of Dentistry, to a. engage in the practice of dentistry; b. exceed the scope of practice permitted by a board order; c. hold himself out to the public or any person as being eligible to engage in the practice of dentistry; d. engage in any activity for which such license is a necessary prerequisite, including, but not limited to, the ordering of controlled dangerous substances or from a distributor or prescription manufacturer; or legend drugs e. practice dentistry under a false or assumed name or falsely impersonate another person licensed by the board. N.J.S.A. 2C:21-30. XXXIII. UNLAWFUL PRACTICE OF IMMIGRATION LAW
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A. Definitions Immigration consultant is defined as any person rendering services for a fee, including the completion of forms and applications, to another in furtherance of that persons desire to determine or modify his status in an immigration or naturalization matter under federal law. N.J.S.A. 2C:21-31a(1). Immigration or naturalization matter is defined as any matter which involves any law, action, filing or immigration or proceeding related citizenship status in the United States. N.J.S.A. 2C:2131a(2). to a persons Immigration related document is defined as any birth certificate or marriage certificate, or any document issued by the government of the United States, any foreign country, any state, or any other public entity relating to a persons immigration or naturalization status. N.J.S.A. 2C:21-31a(3).
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B. Offenses It is a fourth degree crime for an immigration consultant not licensed as an attorney or counselor at law to 1. engage in this State in the practice of law; or 2. hold himself out to the public, either alone or together with, by or through another person, regardless of whether that person is a licensed attorney, as engaging in or entitled to engage in the practice of law, or as legal service or advice, or as furnishing rendering attorneys or counsel, immigration or naturalization matter; or in any 3. assume, use or advertise the title of lawyer or attorney at law, or equivalent terms, in English or any other language. N.J.S.A. 2C:21-31b. It is a fourth degree crime to knowingly retain possession of another persons immigration-related document for more than a reasonable time after its owner has submitted a written request for its return. N.J.S.A. 2C:21-31c. 375
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No offense occurs under this section by a person providing immigration services if that person has been accredited as a representative by federal law. N.J.S.A. 2C:21-31d. XXXIV. COUNTERFEITING TRADEMARKS The Legislature created this offense in 1997. The statute was then amended in 1999 to add protection for the U.S. Olympic Committees trademark rights. L. 1997, c.57, 1, amended by L. 1999, c.313.
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