State Codes and Statutes
Statutes > New-jersey > Title-2a > Section-2a-4a > 2a-4a-442A:4A-44 Incarceration -- aggravating and mitigating factors.
25. Incarceration--Aggravating and mitigating factors.
a. (1) Except as provided in subsections e. and f. of section 24 of P.L.1982, c.77 (C.2A:4A-43), in determining whether incarceration is an appropriate disposition, the court shall consider the following aggravating circumstances:
(a)The fact that the nature and circumstances of the act, and the role of the juvenile therein, was committed in an especially heinous, cruel, or depraved manner;
(b)The fact that there was grave and serious harm inflicted on the victim and that based upon the juvenile's age or mental capacity the juvenile knew or reasonably should have known that the victim was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable;
(c)The character and attitude of the juvenile indicate that the juvenile is likely to commit another delinquent or criminal act;
(d)The juvenile's prior record and the seriousness of any acts for which the juvenile has been adjudicated delinquent;
(e)The fact that the juvenile committed the act pursuant to an agreement that the juvenile either pay or be paid for the commission of the act and that the pecuniary incentive was beyond that inherent in the act itself;
(f)The fact that the juvenile committed the act against a policeman or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority, or the juvenile committed the act because of the status of the victim as a public servant;
(g)The need for deterring the juvenile and others from violating the law;
(h)The fact that the juvenile knowingly conspired with others as an organizer, supervisor, or manager to commit continuing criminal activity in concert with two or more persons and the circumstances of the crime show that he has knowingly devoted himself to criminal activity as part of an ongoing business activity;
(i)The fact that the juvenile on two separate occasions was adjudged a delinquent on the basis of acts which if committed by an adult would constitute crimes;
(j)The impact of the offense on the victim or victims;
(k)The impact of the offense on the community; and
(l)The threat to the safety of the public or any individual posed by the child.
(2)In determining whether incarceration is an appropriate disposition the court shall consider the following mitigating circumstances:
(a)The child is under the age of 14;
(b)The juvenile's conduct neither caused nor threatened serious harm;
(c)The juvenile did not contemplate that the juvenile's conduct would cause or threaten serious harm;
(d)