a. A person who purposely or knowingly does any act, including putting up a false light, which results in the loss or destruction of a vessel commits a crime of the third degree.
b. A person commits a crime of the fourth degree if he:
(1) Manufactures or sells a golf ball containing acid or corrosive fluid substance; or
(2) Purposely or knowingly offers, gives or entices any person to take or accept any treat, candy, gift, food, drink or other substance that is intended to be consumed which is poisonous, intoxicating, anesthetizing, tranquilizing, disorienting, deleterious or harmful to the health or welfare of such person, without the knowledge of the other person as to the identity and effect of the substance, except that it is a crime of the third degree if the actor violates the provisions of this paragraph with the purpose to commit or facilitate the commission of another criminal offense.
Notwithstanding the term of imprisonment provided under N.J.S. 2C:43-6, and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime of the fourth degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than six months during which the defendant shall not be eligible for parole. If a person is convicted of a crime of the third degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than eighteen months during which the defendant shall not be eligible for parole. The court may not suspend or make any other noncustodial disposition of that person. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not merge with a conviction for any offense that the defendant intended to commit or facilitate, when the defendant violated the provisions of this section, nor shall any such other conviction merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence for a crime of the third degree imposed pursuant to this paragraph shall be ordered to be served consecutively to that imposed for a conviction of the offense that the defendant intended to commit or facilitate when the defendant violated the provisions of this subsection.
L.1978, c.95; amended 1982, c.160 1999, c.335.