Kraus V. Hardy

B. Kraus’ “conduct” grabbing Hardy by the arm will not be dismissed as a de minimis infraction

The second issue is whether Kraus’ “conduct” was of a too trivial nature to warrant conviction. Kraus’ grabbing Hardy, pulling him around to face her, and digging her fingers into his bicep are not considered “too trivial” to be dismissed as a de minimis infraction.

In New Jersey, there is a possibility that conduct “too trivial to warrant the condemnation of conviction” may be dismissed as a de minimis infraction under NJ Rev Stat § 2C:2-11 (2013). The simple assault “conduct” by Kraus did cause “bodily injury” which is not considered too trivial.

In New Jersey v. Bazin. examples of de minimis infractions are cited. New Jersey v. Bazin. 912 F. Supp. 106 (D.N.J. 1995). (State v. Smith, 195 N.J. Super. 468, 480 A.2d 236 (Law Div. 1984) (defendant stole three pieces of bubble gum from convenience store), State v. Nevens, 197 N.J. Super. 531, 485 A.2d 345 (Law Div. 1984) (stealing several pieces of fruit from casino buffet for which the defendant had paid), and State v. Zarrilli, 216 N.J. Super. 231, 523 A.2d 284 (Law Div. 1987), aff 'd, 220 N.J. Super. 517, 532 A.2d 1131 (App. Div. 1987) (underage defendant took one sip of beer from companion 's cup at church function).).

In New Jersey v. Bazin however “the alleged conduct of Defendant Bazin is not de minimis, as it involves threats, harassment, intimidation, and assault.” Id. when he "slammed the metal door to his office" against her body, making contact, with the intent of causing bodily harm to her.” Id. In State v. Downey., the courts note that “The de minimis statutes have been construed in a number of reported decisions. However, none of the cases involve an assault or other violent criminal or quasi-criminal behavior.” State v. Downey. 576 A.2d 945 (N.J. Super. Law Div.