New Jersey Section 2C:20-1.1 – Offense Involving Access Device; Presumption of Unlawful Purpose

New Jersey’s criminal code contains a specific section dealing with offenses involving access devices – Section 2C:20-1.1. This section establishes a presumption that altering, defacing, or otherwise changing an access device from its original configuration is presumed to be for an unlawful purpose.

What is an Access Device?

An “access device” refers to any card, plate, code, account number, or other means of account access that can be used to obtain money, goods, services, or anything else of value. Common examples include credit cards, debit cards, gift cards, and account numbers.

So Section 2C:20-1.1 deals with crimes involving the misuse or alteration of these types of devices.

Presumption of Unlawful Purpose

Under 2C:20-1.1, if a person alters, defaces, destroys, or otherwise changes an access device from its original configuration, it is presumed to be for an “unlawful purpose.” The only exception is if the change is done by an authorized manufacturer or service provider.

What does this mean? Well, if a person is caught possessing or using an altered credit card, the prosecution does not need to prove that the person intended to commit fraud. The very fact that the card was altered from its original state establishes the unlawful purpose.

Of course, the accused can attempt to rebut this presumption by presenting evidence to the contrary. But the presumption shifts the burden to the defendant to show their actions were lawful.

Related Offenses

Section 2C:20-1.1 works together with other laws prohibiting theft and fraud involving access devices. For example:

• 2C:21-6.2 – Possession of access device-making equipment
• 2C:21-17.2 – Possession or use of altered credit card

Violating these laws is typically a third or fourth-degree crime in New Jersey. The presumption established in 2C:20-1.1 makes it easier for prosecutors to secure convictions under these statutes.

Defenses

Because 2C:20-1.1 creates a presumption of unlawful purpose, the defense strategy will focus on rebutting this presumption. Here are some potential defenses:

• Lack of knowledge – The defendant was unaware the access device was altered or did not knowingly possess it.
• Authorized use – The defendant had permission to use the access device, even if altered.
• No intent to defraud – The defendant altered the device for some purpose other than committing fraud.
• Misidentification – The defendant claims the altered device in question does not belong to them.
• Duress – The defendant altered or used the device under threat or coercion.

An experienced criminal defense attorney can evaluate the evidence and determine the best defense strategy to overcome the presumption established by 2C:20-1.1.

Penalties

The potential penalties depend on the related offense that is charged referring to the altered access device. As mentioned above, these are often third or fourth-degree crimes.

A third-degree crime carries up to 5 years in prison and a fine up to $15,000. A fourth-degree offense is punishable by up to 18 months incarceration and up to a $10,000 fine.

However, if the prosecutor can establish a pattern of fraudulent activity involving access devices, penalties can be enhanced substantially. Under New Jersey’s habitual offender statute, extended prison terms can be imposed.

Bottom Line

Section 2C:20-1.1 creates a powerful presumption that altering or modifying access devices is for an unlawful purpose. Anyone charged under this provision faces an uphill battle rebutting this presumption.

An experienced criminal defense lawyer can carefully analyze the evidence and identify any weaknesses in the prosecution’s case. With an aggressive defense, it may be possible to defeat the charge or at least negotiate a favorable plea deal avoiding lengthy incarceration. But given the challenges in overcoming the presumption, seeking counsel early on is critical.