New Jersey Section 2C:20-1 – Definitions: What Every Lawyer Should Know

New Jersey’s theft laws are contained in Section 2C:20-1 et seq. of the New Jersey Code of Criminal Justice. Section 2C:20-1 lays out key definitions that lawyers need to understand when dealing with theft charges in New Jersey.

Overview of Theft Charges

Theft charges in New Jersey range from petty disorderly persons offenses to first degree crimes, depending on the value of property stolen and other factors. The most common theft charges lawyers see are shoplifting under Section 2C:20-11 and receiving stolen property under Section 2C:20-7.

But there are many other theft crimes defined in Chapter 20, including theft by unlawful taking (Section 2C:20-3), theft by deception (Section 2C:20-4), theft by extortion (Section 2C:20-5), theft of services (Section 2C:20-8), and theft of rental property (Section 2C:20-9).

To understand these crimes, lawyers first need to know the key definitions in Section 2C:20-1.

Key Definitions

Here are some of the most important definitions from Section 2C:20-1 that lawyers should know:

• “Movable property” includes property like money, merchandise, furniture, artwork, jewelry, electronics, and more. Basically any physical property that can be taken or carried away.
• “Property” means anything of value, including real estate, services, personal and intangible property, trade secrets, contract rights, choses in action, and other interests in or claims to wealth.
• “Obtain” means to bring about a transfer of interest or possession, whether to the offender or to another. This includes theft by taking, receiving stolen property, or bringing about the property loss through deception or extortion.
• “Deception” occurs when someone purposely creates or reinforces a false impression, prevents another from acquiring information which would affect judgment, or fails to correct a false impression. Common examples are false pretenses, fraud, bad checks, and forgery.
• “Threat” means an express or implied menace that some harm will happen unless certain demands are met. Threats can be physical, financial, or reputational.
• “Stolen property” means property obtained by theft, robbery, or burglary. This includes the proceeds of the offense.
• “Receiving” means acquiring possession, control, or title or lending on the security of property. This applies even if possession is temporary.

Grading of Theft Offenses

How theft crimes are graded depends on the value of the property stolen:

• Theft of $500 or less is a disorderly persons offense.
• Theft of more than $500 but less than $75,000 is a crime of the 3rd degree.
• Theft of $75,000 or more but less than $500,000 is a crime of the 2nd degree.
• Theft of $500,000 or more is a crime of the 1st degree.

If the property is a firearm, motor vehicle, controlled dangerous substance, or taken from a grave, there are enhanced penalties. And if committed in breach of an obligation by an employee or fiduciary, theft is a crime one degree higher.

Defenses to Theft Charges

Common defenses lawyers raise against theft charges include:

• Consent – the “victim” consented to the taking of property.
• Claim of right – the defendant had an honest belief they had a right to the property.
• Intoxication – the defendant was too impaired to form the requisite intent.
• Duress – the defendant acted under threat of harm.
• Mistake – the defendant was unaware the property belonged to another.
• Entrapment – law enforcement induced the defendant to commit the crime.

Takeaways

The key takeaways about Section 2C:20-1 are:

• It provides definitions for theft crimes in New Jersey.
• Key terms include “movable property,” “obtain,” “deception,” “threat,” and “receiving stolen property.”
• Theft charges range from disorderly persons to first degree crimes.
• Defenses like consent, claim of right, and mistake can apply.

Understanding these definitions and concepts allows lawyers to effectively represent clients facing theft allegations in New Jersey. Proper preparation using Section 2C:20-1 as a roadmap is essential.