State v. Phelps

Official misconduct is generally a crime of the second-degree. State v. Phelps, 187 N.J.Super. 364, 375, 454 A.2d 908 (App.Div.1983), aff'd, 96 N.J. 500, 476 A.2d 1199 (1984). The exception to a second-degree offense is when the benefit is pecuniary and is valued at $ 200 or less, then the offense is one of the third-degree. Ibid.; N.J.S.A. 2C:30-2(b). The purpose of the "downgrading provision" is to "treat more moderately offenses, which, by an objective standard, could be measured to be relatively less consequential in nature than would otherwise be the case." Phelps, supra, 187 N.J.Super. at 375, 454 A.2d 908.