Bill Text: NJ S3557 | 2024-2025 | Regular Session | Introduced
Bill Title: Changes monetary threshold for certain fourth degree theft crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-16 - Referred to Senate Budget and Appropriations Committee [S3557 Detail]
Download: New_Jersey-2024-S3557-Introduced.html
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Changes monetary threshold for certain fourth degree theft crimes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning theft crimes and amending N.J.S.2C:20-2, N.J.S.2C:20-4, and N.J.S.2C:21-17.
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] $100 but does not exceed $500.
(4) Theft constitutes a disorderly persons offense if:
(a) The amount involved was less than [$200] $100; or
(b) The property stolen is an electronic vehicle identification system transponder.
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 from the same person or several persons, may be aggregated in determining the grade of the 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.
e. Notwithstanding the provisions of N.J.S.2C:43-6 or any other provision of law to the contrary, a person convicted of theft, pursuant to this chapter, as an indictable offense shall be sentenced to a minimum term of imprisonment of not less than one year.
(cf: P.L.2023, c.101, s.4)
2. N.J.S.2C:21-17 is amended to read as follows:
2C:21-17. Impersonation; Theft of identity; crime.
a. A person is guilty of a crime if the person engages in one or more of the following actions by any means including, but not limited to, the use of electronic communications or an Internet website:
(1) Impersonates another or assumes a false identity and does an act in such assumed character or false identity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(2) Pretends to be a representative of some person or organization and does an act in such pretended capacity for the purpose of obtaining a benefit for himself or another or to injure or defraud another;
(3) Impersonates another, assumes a false identity or makes a false or misleading statement regarding the identity of any person, in an oral or written application for services, for the purpose of obtaining services;
(4) Obtains any personal identifying information pertaining to another person and uses that information, or assists another person in using the information, in order to assume the identity of or represent himself as another person, without that person's authorization and with the purpose to fraudulently obtain or attempt to obtain a benefit or services, or avoid the payment of debt or other legal obligation or avoid prosecution for a crime by using the name of the other person; or
(5) Impersonates another, assumes a false identity or makes a false or misleading statement, in the course of making an oral or written application for services, with the purpose of avoiding payment for prior services. Purpose to avoid payment for prior services may be presumed upon proof that the person has not made full payment for prior services and has impersonated another, assumed a false identity or made a false or misleading statement regarding the identity of any person in the course of making oral or written application for services.
As used in this section:
"Benefit" means, but is not limited to, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on another where there is no pecuniary value.
b. (Deleted by amendment, P.L.2005, c.224).
c. A person who violates subsection a. of this section is guilty of a crime as follows:
(1) If the actor obtains a benefit or deprives another of a benefit in an amount less than [$500] $100 and the offense involves the identity of one victim, the actor shall be guilty of a crime of the fourth degree except that a second or subsequent conviction for such an offense constitutes a crime of the third degree; or
(2) If the actor obtains a benefit or deprives another of a benefit in an amount of at least [$500] $100 but less than $75,000, or the offense involves the identity of at least two but less than five victims, the actor shall be guilty of a crime of the third degree; or
(3) If the actor obtains a benefit or deprives another of a benefit in the amount of $75,000 or more, or the offense involves the identity of five or more victims, the actor shall be guilty of a crime of the second degree.
d. A violation of N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of P.L.1979, c.264 (C.2C:33-15), section 64 of P.L.2021, c.16 (C.2C:35-10d), R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the person uses the personal identifying information of another to illegally purchase an alcoholic beverage or for using the personal identifying information of another to misrepresent the person's age for the purpose of obtaining tobacco, any cannabis item, or other consumer product denied to persons under 21 years of age shall not constitute an offense under this section if the actor received only that benefit or service and did not perpetrate or attempt to perpetrate any additional injury or fraud on another.
e. The sentencing court shall issue such orders as are necessary to correct any public record or government document that contains false information as a result of a theft of identity. The sentencing court may provide restitution to the victim in accordance with the provisions of section 4 of P.L.2002, c.85 (C.2C:21-17.1).
e. Notwithstanding the provisions of N.J.S.2C:43-6 or any other provision of law to the contrary, a person convicted of theft, pursuant to this section, as an indictable offense shall be sentenced to a minimum term of imprisonment of not less than one year.
(cf: P.L.2021, c.25, s.14)
3. This act shall take effect immediately.
STATEMENT
This bill changes monetary threshold to $100 for certain fourth degree theft crimes, where the monetary threshold was previously set at a higher amount.
Under current law contained within the consolidated theft statute, N.J.S.2C:20-2, theft constitutes a crime of the fourth degree if the amount involved is at least $200 but does not exceed $500, and constitutes a disorderly persons offense if the amount involved was less than $200. The bill amends N.J.S.2C:20-2, under which theft would constitute a crime of the fourth degree if the amount involved is at least $100 but does not exceed $500, and constitutes a disorderly persons offense for crimes involving was less than $100. The bill also provides that a person convicted of theft as an indictable offense is to be sentenced to a minimum term of imprisonment of not less than one year.
Current law, under N.J.S.2C:21-17, provides that a person is guilty of identity theft if the person engages in certain deceptive actions, defined under the statute, by any means including, but not limited to, the use of electronic communications or an Internet website. Under N.J.S.2C:21-17, a person is guilty of a crime of the fourth degree, if the person obtains a benefit or deprives another of a benefit in an amount less than $500 and the offense involves the identity of one victim; and guilty of a crime of the third degree, if the person obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves the identity of at least two but less than five victims. The bill amends the statute to provide that a person is guilty of a crime of the fourth degree, if the person obtains a benefit or deprives another of a benefit in an amount less than $100 and the offense involves the identity of one victim; and guilty of a crime of the third degree, if the person obtains a benefit or deprives another of a benefit in an amount of at least $100 but less than $75,000, or the offense involves the identity of at least two but less than five victims
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. 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 crime of the third degree is punishable by a term of up three to five years, a fine of up to $15,000, or both.
