Bill Text: NJ S3675 | 2024-2025 | Regular Session | Introduced
Bill Title: Allows aggregation of value of stolen property across multiple criminal episodes or transactions within a two-year period.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-09-30 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3675 Detail]
Download: New_Jersey-2024-S3675-Introduced.html
Sponsored by:
Senator JON M. BRAMNICK
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Allows aggregation of value of stolen property across multiple criminal episodes or transactions within a two-year period.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning aggregation of the value of stolen property in theft crimes, and amending Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:20-2 is amended to read as follows:
2C:20-2. a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
b. Grading of theft offenses.
(1) Theft constitutes a crime of the second degree if:
(a) The amount involved is $75,000 or more;
(b) The property is taken by extortion;
(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;
(d) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more;
(e) The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or
(f) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000 or more.
(2) Theft constitutes a crime of the third degree if:
(a) The amount involved exceeds $500 but is less than $75,000;
(b) The property stolen is a firearm, vessel, boat, horse, domestic companion animal or airplane;
(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less;
(d) It is from the person of the victim;
(e) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000;
(f) It is by threat not amounting to extortion;
(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;
(h) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000;
(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;
(j) The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;
(k) The property stolen consists of an access device or a defaced access device;
(l) The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine; or
(m) The property stolen consists of a package delivered to a residential property by a cargo carrier and the amount involved is less than $75,000 or is undetermined.
(3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200 but does not exceed $500.
(4) Theft constitutes a disorderly persons offense if:
(a) The amount involved was less than $200; or
(b) The property stolen is an electronic vehicle identification system transponder.
(5) For purposes of grading of the most recent offense under this subsection, [The] the amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts, thefts of motor vehicles, or computer criminal activities committed pursuant to one scheme or course of conduct, whether in a single episode or transaction or across multiple episodes or transactions, whether [from] against the same [person] victim or several [persons] victims, or whether committed in a single county or across multiple counties, may be aggregated in determining the grade of the offense. Evidence that multiple episodes or transactions constitute one scheme or course of conduct may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, and occur within a two-year period. Notwithstanding subsection c. of N.J.S.2C:1-9, if the actor was convicted of a prior offense under this section within the prior two years, the amount determined in the prior offense may be used for aggregation in the prosecution of the most recent offense.
c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or
(3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.
(cf: P.L.2023, c.101, s.4)
2. N.J.S.2C:20-7 is amended to read as follows:
2C:20-7. Receiving Stolen Property.
a. Receiving. A person is guilty of theft if he knowingly receives or brings into this State movable property, other than a motor vehicle, of another knowing that it has been stolen, or believing that it is probably stolen. It is an affirmative defense that the property was received with purpose to restore it to the owner. "Receiving" means acquiring possession, control or title, or lending on the security of the property.
b. Permissive inference. The requisite knowledge or belief may be inferred in the case of a person who:
(1) Is found in possession or control of two or more items of property stolen on two or more separate occasions; or
(2) Has received stolen property in another transaction within the two years preceding the transaction charged; or
(3) Being a person in the business of buying or selling property of the sort received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it; or
(4) Is found in possession of two or more defaced access devices; or
(5) Is found in possession of property of a cargo carrier without proper documentation or other evidence of right to possession.
c. For purposes of grading of an offense under this section, the amount involved shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved may be aggregated to include any property unlawfully possessed by the person that was acquired within the preceding two years through one or more acts in violation of chapters 15, 18, 20, or 21 of Title 2C of the New Jersey Statutes, whether or not the actor committed the underlying violation, and may include any such property that the actor disposed of for value within the preceding two years. Notwithstanding subsection c. of N.J.S.2C:1-9, if the actor was convicted of a prior offense under this section within the prior two years, the amount determined in the prior offense may be used for aggregation in the prosecution of the most recent offense.
(cf: P.L.2023, c.101, s.5)
3. Section 7 of P.L.1981, c.167 (C.2C:20-7.1) is amended to read as follows:
7. Fencing. a. Possession of altered property. Any dealer in property who knew or should have known that the identifying features such as serial numbers and permanently affixed labels of property in his possession have been removed or altered without the consent of the manufacturer is guilty of possession of altered property. It is a defense to a prosecution under this subsection that a person lawfully possesses the usual indicia of ownership in addition to mere possession. A prosecution for a violation of this subsection shall not preclude any criminal, civil, or administrative enforcement action for the intentional advertisement, sale, or distribution of an adulterated, counterfeit, misbranded, or mislabeled product.
b. (1) Dealing in stolen property. A person is guilty of dealing in stolen property if he traffics in, or initiates, organizes, plans, finances, directs, manages or supervises trafficing in stolen property. This paragraph shall not apply to dealing in stolen property consisting of a domestic companion animal, addressed in paragraph (2) of this subsection.
(2) Dealing in stolen domestic companion animals. A person is guilty of dealing in stolen domestic companion animals if he trafficks in, or initiates, organizes, plans, finances, directs, manages or supervises trafficking in stolen property consisting of a domestic companion animal.
c. (1) [For any] A violation of this section, other than dealing in stolen domestic companion animals, shall be graded as a theft offense in accordance with subsection b. of N.J.S.2C:20-2. [the] The value of the property involved in the violation shall be determined by the trier of fact for the purpose of determining the grade of the offense [, and] . [the] The value of the property involved in the violation may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether in a single episode or transaction or across multiple episodes or transactions, whether [from] against the same [person] victim or several [persons] victims, or whether committed in a single county or across multiple counties. Evidence that multiple episodes or transactions constitute one scheme or course of conduct may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, and occur within a two-year period. Notwithstanding subsection c. of N.J.S.2C:1-9, if the actor was convicted of a prior offense under this section within the prior two years, the amount determined in the prior offense may be used for aggregation in the prosecution of the most recent offense.
(2) A violation of this section for dealing in stolen domestic companion animals constitutes a crime of the third degree.
d. It is an affirmative defense to a prosecution under this section that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did.
e. In addition to the presumptions contained in subsection b. of N.J.S.2C:20-7, the following presumptions are available in the prosecution for a fencing offense:
(1) Proof of the purchase or sale of property at a price substantially below its fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew that it had been stolen;
(2) Proof of the purchase or sale of property by a dealer in that property, out of the regular course of business, or without the usual indicia of ownership other than mere possession, or the property or the job lot of which it is a part was bought, received, possessed or controlled in broken succession of title, so that it cannot be traced, by appropriate documents, in unbroken succession to the manufacturer, in all cases where the regular course of business reasonably indicates records of purchase, transfer or sale, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew that it had been stolen; and
(3) Proof that a person
buying or selling property of the sort received obtained such property without
having ascertained by reasonable inquiry that the person from whom he obtained
it had a legal right to possess or control it gives rise to an inference that
such person knew that it had been stolen.
(cf.: P.L.2017, c.156, s.1)
4. Section 1 of P.L.2023, c.101 (C.2C:20-10.1) is amended to read as follows:
1. Theft of a motor vehicle.
a. A person commits the crime of theft of a motor vehicle if the person unlawfully takes, or exercises unlawful control over, another person's motor vehicle with the purpose to deprive that person of the motor vehicle.
b. Theft of a motor vehicle constitutes a crime of the second degree if the value of the motor vehicle involved is $75,000 or more or if the theft involved more than one motor vehicle, otherwise it is a crime of the third degree.
c. The value of the motor vehicle involved in the theft shall be determined by the trier of fact. The amount shall include, but not be limited to, the amount of any State tax avoided, evaded, or otherwise unpaid, or improperly retained or disposed of. Amounts involved in thefts of motor vehicles committed pursuant to one scheme or course of conduct, whether in a single episode or transaction or across multiple episodes or transactions, whether [from] against the same [person] victim or several [persons] victims, or whether committed in a single county or across multiple counties, may be aggregated in determining the grade of the offense. Evidence that multiple episodes or transactions constitute one scheme or course of conduct may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, and occur within a two-year period. Notwithstanding subsection c. of N.J.S.2C:1-9, if the actor was convicted of a prior offense under this section within the prior two years, the amount determined in the prior offense may be used for aggregation in the prosecution of the most recent offense.
(cf: P.L.2021, c.101, s.1)
5. Section 2 of P.L.2023, c.101 (C.2C:20-10.2) is amended to read as follows:
2. a. Receiving a stolen motor vehicle. A person is guilty of receiving a stolen motor vehicle if the person knowingly receives or brings into this State a motor vehicle that is the property of another knowing that it has been stolen, or believing that it is probably stolen. Receiving a stolen motor vehicle is a crime of the second degree if the value of the motor vehicle is $75,000 or more, otherwise it is a crime of the third degree.
b. It is an affirmative defense that the property was received with the purpose to restore it to the owner.
c. Permissive inference. The requisite knowledge or belief may be inferred in the case of a person who:
(1) is found in possession or control of two or more motor vehicles stolen on two or more separate occasions; or
(2) has received a stolen motor vehicle in another transaction within the two years preceding the transaction charged; or
(3) being a person in the business of buying or selling motor vehicles, acquires the motor vehicle without having ascertained by reasonable inquiry that the person from whom it was obtained had a legal right to possess and dispose of it; or
(4) is found in possession of a motor vehicle without proper documentation or other evidence of right to possession.
For the purposes of this section, "receiving" means acquiring possession, control or title, or lending on the security of the motor vehicle.
d. For purposes of grading of an offense under subsection a. of this section, the value of the motor vehicle shall be determined by the trier of fact. The value shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Value may be aggregated to include the value of any other stolen motor vehicle unlawfully possessed by the person that was acquired within the preceding two years through one or more acts in violation of chapters 15, 18, 20, or 21 of Title 2C of the New Jersey Statutes, whether or not the actor committed the underlying violation, and may include any such motor vehicles that the actor disposed of for value within the preceding two years. Notwithstanding subsection c. of N.J.S.2C:1-9, if the actor has already been convicted of a prior offense under this section within the preceding two years, the amount determined in the prior offense or offenses may be used for aggregation in the prosecution of the most recent offense.
(cf: P.L.2023, c.101, s.2)
6. N.J.S.2C:20-11 is amended to read as follows:
2C:20-11. a. Definitions. The following definitions apply to this section:
(1) "Shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store;
(2) "Store or other retail mercantile establishment" means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;
(3) "Merchandise" means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;
(4) "Merchant" means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor;
(5) "Person" means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require;
(6) "Conceal" means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation;
(7) "Full retail value" means the merchant's stated or advertised price of the merchandise;
(8) "Premises of a store or retail mercantile establishment" means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment;
(9) "Under-ring" means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise;
(10) "Antishoplifting or inventory control device countermeasure" means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device;
(11) "Organized retail theft enterprise" means any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise.
b. Shoplifting. Shoplifting shall consist of any one or more of the following acts:
(1) For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise 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 such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.
(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.
(3) For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the value thereof.
(4) For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.
(5) For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.
(6) For any person purposely to remove a shopping cart from the premises of a store or other retail mercantile establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.
c. Gradation. (1) Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.
(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.
(3) Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.
(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.
The value of the merchandise involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether in a single episode or transaction or across multiple episodes or transactions, whether [from] against the same [person] victim or several [persons] victims, or whether committed in a single county or across multiple counties, or were committed in furtherance of or in conjunction with an organized retail theft enterprise. Evidence that multiple episodes or transactions constitute one scheme or course of conduct may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, and occur within a two-year period. Notwithstanding subsection c. of N.J.S.2C:1-9, if the actor was convicted of a prior offense under this section within the prior two years, the amount determined in the prior offense may be used for aggregation in the prosecution of the most recent offense.
Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.
d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.
e. A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person criminally or civilly liable in any manner or to any extent whatsoever.
Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.
A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.
f. Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.
(cf: P.L.2006, c.56, s.1)
7. This act shall take effect immediately.
STATEMENT
This bill amends the provisions found in several of the theft statutes concerning the aggregation of the value of stolen property.
Current law allows the value of stolen property to be aggregated so that a higher degree of crime can be charged if the property being aggregated was stolen pursuant to one scheme or course of conduct. The bill clarifies that "one scheme or course of conduct" can be carried out across multiple criminal episodes or transactions, against the same or several victims, or across a single county or multiple counties. Under the bill, evidence that multiple episodes or transactions constitute one scheme or course of conduct may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, and occur within a two-year period.
Under the consolidated theft statute, N.J.S.A.2C:20-2, theft is a crime of the second degree if the amount involved is $75,000 or more. Theft is a crime of the third degree if the amount is more than $500 but less than $75,000. Theft is a crime of the fourth degree if the amount is between $200 and $500. Theft is a disorderly persons offense if the amount is less than $200. These same monetary amounts also apply when grading the level of offense for receiving stolen property, fencing stolen property, and shoplifting. Concerning motor vehicle theft and receiving stolen motor vehicles, these are crimes of the second degree if the value of the vehicle is $75,000 or more; otherwise they are crimes of the third degree.
A crime of the second degree is punishable by a term of imprisonment of five to ten years, a fine of up to $150,000, or both. 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 crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both. A disorderly persons offense is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.
