Sponsored by:
Senator JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Establishes crime of gang shoplifting.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the crime of gang shoplifting and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person commits the crime of gang shoplifting if the person, in concert or participation with one or more other persons, enters the premises of a store or retail mercantile establishment and in an open and conspicuous manner:
(1) purposely or knowingly takes possession of, carries away, transfers or causes to be carried away or transferred, any item displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the item or converting the item to the use of the person without paying to the merchant the full retail value thereof; or
(2) purposely, knowingly or recklessly tampers with tangible property within or on the premises of the store or retail mercantile establishment so as to endanger any person or the property or premises of the store or retail mercantile establishment including the damaging or destroying of any item on the premises of the store or retail mercantile establishment.
b. Gang shoplifting is a crime of the third degree.
c. Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, a person guilty of gang shoplifting shall serve a term of imprisonment which shall be fixed at not less than one year, during which the person shall not be eligible for parole.
d. Notwithstanding the provisions of any other law, a conviction under this section shall not merge with a conviction of any other criminal offense, nor shall any other conviction merge with a conviction under this section.
2. This act shall take effect immediately.
STATEMENT
This bill establishes the crime of gang shoplifting as a crime of the third degree.
A person commits the crime of gang shoplifting if, in concert or participation with one or more other persons, the person enters the premises of a store or retail mercantile establishment and in an open and conspicuous manner: (1) purposely or knowingly takes possession of, carries away, transfers or causes to be carried away or transferred, any item displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of the item or converting the item to the use of the person without paying to the merchant the full retail value thereof; or (2) purposely, knowingly, or recklessly tampers with tangible property within or on the premises of the store or retail mercantile establishment so as to endanger any person, or the property or premises of the store or retail mercantile establishment, including the damaging or destroying of any item on the premises of the store or retail mercantile establishment.
A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.
A person who commits gang shoplifting is required to minimum term of imprisonment of not less than one year, during which time the person is not eligible for parole.
It is the intent of the sponsor to address the rise in flash mobs which organize the looting of stores in an open and conspicuous manner.