| 2C:20-11.
Shoplifting
2C:20-11 Shoplifting.
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 from the
same person or several persons, or were committed in
furtherance of or in conjunction with an organized
retail theft enterprise.
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.
Amended 1979, c.178, s.35B; 1997, c.319; 2000, c.16,
s.1; 2006, c.56, 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.
2C:20-11.2 Leader of organized retail theft
enterprise.
2.A person is a leader of an organized retail theft
enterprise if he conspires with others as an
organizer, supervisor, financier or manager, to
engage for profit in a scheme or course of conduct
to effectuate the transfer or sale of shoplifted
merchandise. Leader of organized retail theft
enterprise is a crime of the second degree.
Notwithstanding the provisions of subsection a. of
N.J.S.2C:43-3, the court may impose a fine not to
exceed $250,000 or five times the retail value of
the merchandise seized at the time of the arrest,
whichever is greater.
Notwithstanding the provisions of N.J.S.2C:1-8, a
conviction of leader of organized retail theft
enterprise shall not merge with the conviction for
any offense which is the object of the conspiracy.
Nothing contained in this section shall prohibit the
court from imposing an extended term pursuant to
N.J.S.2C:43-7; nor shall this section be construed
in any way to preclude or limit the prosecution or
conviction of any person for conspiracy under
N.J.S.2C:5-2, or any prosecution or conviction for
any other offense.
It shall not be necessary in any prosecution under
this section for the State to prove that any
intended profit was actually realized. The trier of
fact may infer that a particular scheme or course of
conduct was undertaken for profit from all of the
attending circumstances, including but not limited
to the number of persons involved in the scheme or
course of conduct, the actor's net worth and his
expenditures in relation to his legitimate sources
of income, the amount of merchandise involved, or
the amount of cash or currency involved.
It shall not be a defense to a prosecution under
this section that any shoplifted merchandise was
brought into or transported in this State solely for
ultimate distribution in another jurisdiction; nor
shall it be a defense that any profit was intended
to be made in another jurisdiction.
L.2006,c.56,s.2.
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