Caught Shoplifting in NJ : 2010 Laws – NJ Shoplifting Lawyer

July 10th, 2010

NEW JERSEY SHOPLIFTING LAW OVERVIEW

(NJ Shoplifting Attorney : Shoplifting Theft Lawyer New Jersey)

Despite its soothing name, shoplifting is stealing and may land one in jail for as long as 10 years with fines of up to $150,000 with further liability through civil law suits. The criminal penalties vary depending on the amount, circumstances, and criminal record. The basic penalty scheme, absent aggravating factors, is:
Under $200, even if it is just a dollar, is a “Disorderly Persons Offense” and is punishable by:
a. Imprisonment of up to 6 months
b. Up to a $1,000 fine pursuant to 2C:43-3; and
c. A $50 Disorderly Persons Offense fine pursuant to 2C:43-3.1(2)(a)
$200-500 is a crime of the fourth degree and is punishable by:
d. Imprisonment of up to 18 months; and
e. Up to a $10,000 fine
$500-75,000 is a crime of the third degree and is punishable by:
f. Imprisonment of three to five years; and
g. Up to a $15,000 fine
Over $75,000 is a crime of the second degree and is punishable by:
h. Imprisonment of five to ten years; and
i. Up to a $150,000 fine
Some people shoplift on a regular basis without ever knowing it. For example, teens who remove shopping carts from the store parking lot to use them for racing are shoplifting. Shoplifting consists of two elements: act and intent. The shoplifting acts are: taking an item out of the store without paying; changing price tags or containers; removing a shopping cart from the premises of the store; ringing up items at the cash register for a cheaper price; using or possessing an inventory control device or anti-shoplifting device; and concealing an item on one’s person while in store. Importantly, the act need not be complete as one can be convicted of shoplifting even though he was stopped and arrested before leaving the store. State v. Fitzmaurice, 126 N.J.Super. 361 (1974).
For the shoplifting offense to be complete, the act must be done purposefully and with the intent to permanently deprive the merchant of possession. But you may be wrongfully arrested and convicted of shoplifting without ever intending to shoplift. For example, you may have accidentally misplaced an item in your cart and forgotten about it or an item was tagged with a cheaper price due to a clerical error when you put it in your cart. The New Jersey shoplifting law sternly presumes the intent to shoplift and purposeful hiding of items as long as they were found in one’s possession. This means that, once the items are discovered on one’s person, instead of the prosecution having to prove that the shopper intended to steal the item and purposefully conceal it, the burden is actually on the shopper to prove that he did not intend to steal and did not purposefully conceal the goods. The purpose of the presumption is to protect the store from shoplifters who would avoid the penalties by simply claiming that they “forgot” that the item was in a cart or blaming the store for a clerical error in mispricing the item.
Thomas Carroll Blauvelt has experience in challenging shoplifting charges and can help you sue the merchant for wrongful conduct in apprehending you. If you were charged with shoplifting, you need the help of the New Jersey shoplifting attorney. Mr. Blauvelt may be able to: efficiently challenge your charge; avoid your imprisonment and a criminal record by getting you into a Pretrial Intervention program pursuant to 2C:43-12; get your charge dismissed if you were heavily intoxicated when shoplifting conduct occurred; or get the plea offer that you deserve. Other defensive strategies are available. For more information, contact the New Jersey Shoplifting Attorney.

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Shoplifting Statute and Law : New Jersey (NJ) 2010 : NJ Shoplifting Attorney

July 10th, 2010

I. Penalties for shoplifting as defined below (absent aggravating factors):
a. Shoplifting crimes are divided into categories based on the value of goods stolen:
i. Under $200 (even if it is less than one dollar. 19 NJ Practice Series §2.73) is a “Disorderly Persons Offense” and is punishable by:
1. Imprisonment up to 6 months
2. Up to a $1,000 fine pursuant to 2C:43-3
3. A $50 Disorderly Persons Offense fine pursuant to 2C:43-3.1(2)(a)
ii. $200-500 is a crime of the fourth degree and is punishable by
1. Imprisonment up to 18 months
2. Up to a $10,000 fine
iii. $500-75,000
1. Imprisonment of three to five years
2. Up to a $15,000 fine
iv. Over $75,000
1. Imprisonment of five to ten years
2. Up to a $150,000 fine
b. In addition, any person convicted must perform:
i. for a first offense, at least ten days of community service
ii. for a second offense, at least 15 days of community service
iii. for a third or subsequent offense, a maximum of 25 days of community service and not less than 90 days of imprisonment.

II. 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.

III. Definitions (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.

IV. Presumptions

a. 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.
V. Defenses:
a. N.J.S.A. 2C:43-12, pretrial intervention program
b. Heavy intoxication

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NJ Shoplifting & You : Rutgers Law Article : NJ Shoplifting Attorney

September 4th, 2009

This page is provided for information only. It should not be used as a substitute for legal advice. If you have a specific problem with shoplifting that you think can be dealt with through legal channels, you should contact a lawyer or your county prosecutor’s office. NJ-Shoplifting-Lawyer.com cannot be held responsible for any action arising from information presented here.

In New Jersey, what acts are counted as shoplifting?

  1. Taking away merchandise with the intention of paying less than the full price to the merchant
  2. Hiding merchandise on your body or something you’re carrying with the intention of not paying for it
  3. Removing, altering, or transferring a price tag with the intention of paying less than the full price to the merchant
  4. Transferring merchandise from the container in which it’s displayed to another container with the intention of paying less than the full price to the merchant (for example, putting a small item inside a large item and only paying for the larger item)
  5. Under-ringing with the intention of paying less than the full price to the merchant
  6. Removing a shopping cart with the intention of not returning it

Intention? How do I prove someone “intended” not to pay me?

There is a presumption in the law that if you find unpurchased merchandise hidden on someone or in their belongings, that he or she hid it deliberately and intends not to pay for it.

What do I do if I think someone has shoplifted from my store?

You can take someone into custody and detain them in a reasonable manner for a reasonable amount of time if you have probable cause to believe they’re deliberately hiding unpurchased merchandise and that you can recover the merchandise by taking them into custody. If you do all this, you can’t be found criminally or civilly liable.

What does “detain them in a reasonable manner for a reasonable amount of time” mean?

Ask them to return to the store with you and escort them to a private area. Say that it’s about the “Item they seem to have not paid for.” To be on the safe side, you should not touch anyone you take into custody, not even a slight tap on the arm. However, if the shoplifter tries to hit you or run away, you can use reasonable force — that is, enough force to restrain them but not to escalate the situation. If the shoplifter really doesn’t want to come with you, you may have to let them leave. Just be sure to get a good description and a license number and call the police. If you do take them into custody, phone the police right away, and the parents if the shoplifter is under age 18. The police like it if all your paperwork on the shoplifting incident is completed by the time they arrive.

What does “probable cause” mean?

Experts on the prevention of shoplifting say that you should fulfill these conditions before taking someone into custody:

What are the penalties for shoplifting?

It depends on the “full retail value” of the merchandise that was stolen.

2nd Degree full retail value of $75,000 or more imprisonment of 5-10 years fine up to $150,000
3rd Degree full retail value of over $500 but less than $75,000 imprisonment of 3-5 years fine up to $15,000
4th Degree full retail value of between $200 and $500 imprisonment up to 18 months fine up to $10,000
Disorderly Persons Offense full retail value of under $200 imprisonment up to 6 months fine up to $1,000

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Updated New Jersey (NJ) ShopLifting Laws

February 15th, 2009

 

Under the new law, the grading of shoplifting is based on the full retail value the merchandise taken.
Consequently, shoplifting shall be charged in-accordance with the full retail value of the merchandise taken, as provided in

 

N.J.S.A.2C:20-11. Under the statute, shoplifting offenses are graded as follows:
2nd Degree:

NJ Shoplifting is a crime of the second degree if the full retail value of the merchandise was $75,000.00 or more.

N.J.S.A. 2C:20-11c(1). A crime of the second degree is

punishable by a term of imprisonment of five to 10 years
(N.J.S.A.2C:43-6a(2)), a fine not to exceed $150,000.00, or both (N.J.S.A.2C:43-3a(2))
3rd Degree:

 

Shoplifting is a crime of the third degree if the full retail
value of the merchandise exceeds $500.00 but is less
than $75,000.00.
 
N.J.S.A. 2C:20-11c(2). A crime of the third degree is punishable by a term of imprisonment of three to five years (N.J.S.A.2C:43-6a(3)), a fine not toexceed $15,000.00, or both (N.J.S.A.2C:43-3b(1))

 

4th Degree:
 
Shoplifting is a crime of the fourth degree if the full retail value of the merchandise was at least $200.00 but doesnot exceed $500.00.
N.J.S.A.2C:20-11c(3). A crime of the fourth degree is punishable bya term of imprisonment not to exceed 18 months (N.J.S.A. 2C:43-6a(4)), a fine not to exceed $10,000 or both (N.J.S.A.2C:43-3b(2)).
 
Disorderly Persons
Shoplifting is a disorderly persons offense if the full retail
Offense:value of the merchandise was less than $200.00.

 

N.J.S.A.2C:20-11c(4). A disorderly persons offense is
punishable by a term of imprisonment not to exceed six
months (N.J.S.A.2C:43-8), a fine not to exceed $1,000 or
both (N.J.S.A.2C:43-3c).
 
The additional mandatory penalties for any person convicted of a shoplifting
offense under the Act are as follows:

 

Additional Mandatory
For a first offense, at least ten days of community service;
Penalties:
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.

 

N.J.S.A.2C:20-11c(4).
III.
Downgrading of Shoplifting Offenses
Shoplifting offenses shall not be downgraded to disorderly persons offenses
and remanded to municipal court except in accordance with the following criteria:
Second degree shoplifting offenses shall not be downgraded to disorderly
persons offenses and remanded to municipal court.
Third degree shoplifting offenses shall not be downgraded to disorderly
persons offenses and remanded to municipal court if the full retail value of
the merchandise taken is equal to or greater than $2,000.
Ordinarily, third degree offenses where the full retail value of the
merchandise is less than $2,000 should not be downgraded to disorderly
persons offenses and remanded to municipal court. However, such cases
may be downgraded and remanded to municipal court if there are trial proof
issues.
Fourth degree offenses may be downgraded to disorderly persons offenses
and remanded to municipal court, at the discretion of the County Prosecutor
or his or her designee. However, a fourth degree offense shall not be
downgraded if the offense constitutes the offender’s third or subsequent
shoplifting offense.

 

IV.
Prosecution of Shoplifting Offenses in Municipal Court
Pursuant to

 

N.J.S.A.2B:25-5a, municipal prosecutors are required to
“…represent the State, the county or the municipality in the prosecution of all
offenses, except for zoning violations, within the statutory jurisdiction of the
municipal court as defined by law.” Exceptions to the requirement that municipal
prosecutors prosecute all offenses are set forth in

 

N.J.S.A.2B:25-5b. One such
exception allows a municipal prosecutor, with the approval of the court, to decline
to participate in municipal court proceedings in which the defendant is not
represented by counsel.

 

N.J.S.A.2B:25-5b.
In many municipalities, municipal prosecutors traditionally have not
prosecuted shoplifting offenses where the complaining witness is an employee of
a supermarket or some other retail establishment. Where such cases were not
handled by a municipal prosecutor, retailers were forced to either hire private
counsel, pursuant to the proscription of

 

See State v. McLaughlin, 310 N.J. Super. 242, 261-263 (App. Div. 1998). In
McLaughlin, the court held that a civil penalty could not be imposed under N.J.S.A. 2C:43-
2(d) where the legislature intended that the fines be recoverable in a civil action brought
by the Commissioner of Insurance. N.J.S.A. 2A:61C-1d(3) provides for civil penalties in
cases where the value of the merchandise does not exceed $500.00. N.J.S.A. 2A:61C-1
requires that the merchant make a written demand for the penalty and allow the offender
twenty days to comply. Under N.J.S.A. 2A:61C-1c, in the event that a merchant institutes
a civil action, the prevailing party is entitled to an award of reasonable attorney’s fees and
reasonable court costs.

 

Kathryn Flicker, Director, Division of Criminal Justice
Chief of Staff Debra L. Stone, Deputy Director, Operations,
Division of Criminal Justice
Hon. Richard J. Williams, Administrative Director of the Courts
Dennis L. Bliss, Director, Municipal Court Services,
Administrative Office of the Courts
AAG Greta Gooden-Brown, Chief, Prosecutors & Police Bureau,
Division of Criminal Justice

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NJ Shoplifting : New Jersey Shoplifting Law Statute

February 15th, 2009

Shoplifting 2C:20-11
The Law Offices of Thomas Carroll Blauvelt, LLC represents individuals charged with criminal and traffic violations throughout all of New Jersey (NJ Shoplifting & New Jersey Theft).    

NJ Shoplifting Law : NJ Shoplifting Lawyer : New Jersey Shoplifting Attorney : NJ Shop Lifting Lawyer

2C:20-11 – NJ Shoplifting Attorney

Shoplifting criminal offense in New Jersey 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) “Anti shoplifting or inventory control device countermeasure” means any item or device which is designed, manufactured, modified, or altered to defeat any anti shoplifting or inventory control device.

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 underling 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 $75,000.00 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 $500.00 but is less than $75,000.00.

(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 $200.00 but does not exceed $500.00.

(4) Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.00. 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 anti shoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.

Amended 1979, c.178, s.35B; 1997, c.319; 2000, c.16, s.1.

2C:20-11.1. Guidelines for prosecution of shoplifting offenses 2. The Attorney General shall develop, no later than the 120th day after the effective date of this act, guidelines to ensure that the prosecution of shoplifting offenses is conducted in a uniform manner throughout the State.

L.2000,c.16,s.2.

Consequences of a Criminal Guilty Plea

1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)

2. Do you understand that if you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

c. You will have to pay Fines and Court Costs.

3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.

4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.

6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.

7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.

8. You must wait 5-10 years to expunge a first offense. 2C:52-3

9. You could be put on Probation.

10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver’s license for 6 months – 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.

11. You may be required to do Community Service.

12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.

14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.

15. You lose the presumption against incarceration in future cases. 2C:44-1

16. You may lose your right to vote.

The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.

Jail for Crimes and Disorderly Conduct:

If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;

If facing any criminal charge, retain an experienced attorney ASAP to determine you rights and obligations to the court. Contact The Law Offices of Thomas Carroll Blauvelt, LLC for proper advice today.

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NJ Shoplifting Information & Shop Lifting Information

February 15th, 2009

New Jersey laws on shoplifting

This page is provided for information only. It should not be used as a substitute for legal advice. If you have a specific problem with shoplifting that you think can be dealt with through legal channels, you should contact a lawyer or your county prosecutor’s office. cpqNetworks or NJ SEO cannot be held responsible for any action arising from information presented here.

In New Jersey, what acts are counted as NJ shoplifting?

  1. Taking away merchandise with the intention of paying less than the full price to the merchant
  2. Hiding merchandise on your body or something you’re carrying with the intention of not paying for it
  3. Removing, altering, or transferring a price tag with the intention of paying less than the full price to the merchant
  4. Transferring merchandise from the container in which it’s displayed to another container with the intention of paying less than the full price to the merchant (for example, putting a small item inside a large item and only paying for the larger item)
  5. Under-ringing with the intention of paying less than the full price to the merchant
  6. Removing a shopping cart with the intention of not returning it

Intention? How do I prove someone “intended” not to pay me?

There is a presumption in the law that if you find unpurchased merchandise hidden on someone or in their belongings, that he or she hid it deliberately and intends not to pay for it.

What do I do if I think someone has shoplifted from my store?

You can take someone into custody and detain them in a reasonable manner for a reasonable amount of time if you have probable cause to believe they’re deliberately hiding unpurchased merchandise and that you can recover the merchandise by taking them into custody. If you do all this, you can’t be found criminally or civilly liable.

What does “detain them in a reasonable manner for a reasonable amount of time” mean?

Ask them to return to the store with you and escort them to a private area. Say that it’s about the “Item they seem to have not paid for.” To be on the safe side, you should not touch anyone you take into custody, not even a slight tap on the arm. However, if the shoplifter tries to hit you or run away, you can use reasonable force — that is, enough force to restrain them but not to escalate the situation. If the shoplifter really doesn’t want to come with you, you may have to let them leave. Just be sure to get a good description and a license number and call the police. If you do take them into custody, phone the police right away, and the parents if the shoplifter is under age 18. The police like it if all your paperwork on the shoplifting incident is completed by the time they arrive.

What does “probable cause” mean?

Experts on the prevention of NJ shoplifting lawyer say that you should fulfill these conditions before taking someone into custody:

  1. see the shoplifter APPROACH, SELECT, and CONCEAL your merchandise;
  2. maintain uninterrupted observation of the shoplifter;
  3. see the shoplifter fail to pay for the merchandise; and
  4. approach the shoplifter OUTSIDE of the store (although some security experts claim that the shoplifter can be detained inside the store if they are past the cash registers).

What are the penalties for shoplifting?

It depends on the “full retail value” of the merchandise that was stolen.

2nd Degree full retail value of $75,000 or more imprisonment of 5-10 years fine up to $150,000
3rd Degree full retail value of over $500 but less than $75,000 imprisonment of 3-5 years fine up to $15,000
4th Degree full retail value of between $200 and $500 imprisonment up to 18 months fine up to $10,000
Disorderly Persons Offense full retail value of under $200 imprisonment up to 6 months fine up to $1,000


Additional mandatory penalties include:

  • for a first offense, at least 10 days of community service
  • for a second offense, at least 15 days of community service
  • for a third or subsequent offense, up to 25 days of community service AND imprisonment for no less than 90 days

Will shoplifters in my store be prosecuted?

It depends. Most of the time, if the shoplifter stole over $2,000 worth of merchandise, county prosecutors can’t send the case to NJ municipal court instead.

Does it matter if the NJ shoplifter doesn’t have a lawyer?

No, prosecutors have to prosecute all shoplifting offenses even if the defendant doesn’t have a lawyer.

Can prosecutors help me get money (civil penalties) from shoplifters?

Prosecutors don’t actually work for you, but for the State of New Jersey.

They aren’t allowed to negotiate for, request or require a defendant to pay you anything. They can request that restitution be ordered, but then it’s up to the judge to decide. You may always contact a New Jersey Shoplifting Lawyer if you have questions. 

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