2C:43-6.8 Sentencing for offenses involving domestic violence.
4. a. Notwithstanding the provisions of subsection f. of N.J.S.2C:44-1, a person convicted of any of the following crimes of domestic violence, as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), shall be sentenced in accordance with subsection b. of this section:
(1) Homicide, pursuant to N.J.S.2C:11-1 et seq.;
(2) Aggravated assault, pursuant to paragraph (1), (2), (3), (4), (6), (7) or (8) of subsection b. of N.J.S.2C:12-1;
(3) Assault by auto or vessel, pursuant to subsection c. of N.J.S.2C:12-1;
(4) Kidnapping, pursuant to N.J.S.2C:13-1;
(5) Criminal restraint, pursuant to N.J.S.2C:13-2;
(6) Sexual assault, pursuant to N.J.S.2C:14-2; or
(7) Criminal sexual contact, pursuant to N.J.S.2C:14-3.
b. (1) Unless the provisions of any other law provide for a higher mandatory minimum term of imprisonment, a person convicted of a crime of domestic violence set forth in subsection a. of this section shall be sentenced to a term of imprisonment as follows: for a second or subsequent crime of the fourth degree set forth in subsection a. of this section, 18 months; for a second or subsequent crime of the third degree set forth in subsection a. of this section, five years; for a crime of the second degree, 10 years; and for a crime of the first degree, 20 years.
(2) The term of imprisonment imposed pursuant to paragraph (1) of this subsection shall include the imposition of a minimum term. The minimum term shall be fixed at one-half of the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible for parole.
L.2016, c.91, s.4.
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