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New Jersey Section 2C:20-11.1 – Guidelines for prosecution of shoplifting offenses

New Jersey Shoplifting Laws – What You Need to Know

Shoplifting is a pretty common offense, but that doesn’t mean it shouldn’t be taken seriously. Here in New Jersey, shoplifting laws are covered under Section 2C:20-11 of the New Jersey Code of Criminal Justice. This section lays out what constitutes shoplifting, the different degrees of the offense, and the potential penalties.

What is Shoplifting in New Jersey?

Under New Jersey law, shoplifting is when someone purposefully takes merchandise from a store without paying for it. This includes concealing or altering the packaging to try to avoid detection. Shoplifting does not require that the person leave the store with the merchandise. If you conceal or alter items in the store, you can be charged with shoplifting even if you don’t actually leave with them.The value of the merchandise taken impacts how shoplifting is charged. There are three degrees of shoplifting:

• 4th Degree – Merchandise value is less than $200
• 3rd Degree – Merchandise value is $200 or more but less than $500
• 2nd Degree – Merchandise value is $500 or more

The degree determines how severe the penalties are if convicted.

Shoplifting Penalties in New Jersey

For 4th degree shoplifting, penalties can include:

• Up to 18 months in jail
• Fines up to $10,000

3rd degree shoplifting penalties can include:

• 3-5 years in prison
• Fines up to $15,000

2nd degree shoplifting has the harshest penalties:

• 5-10 years in prison
• Fines up to $150,000

In addition to fines and jail time, a shoplifting conviction can impact your criminal record and future job opportunities. You may also be ordered to pay restitution to compensate the store for the value of stolen merchandise.

Defenses Against Shoplifting Charges

There are a few potential defenses if you’ve been accused of shoplifting:

• You didn’t intend to shoplift – If you can show that you didn’t intentionally conceal merchandise or intended to steal it, this could beat the charges. For example, if you forgot an item was in your cart or pocket by accident.
• False accusation – Mistaken identity does happen. If the store associates the wrong person with taking merchandise, you may be able to fight the charges.
• Mental illness – In some cases, mental illness may impact a person’s ability to understand they are shoplifting. This could potentially provide a defense.

An experienced criminal defense attorney can review the details of your case and determine if any defenses apply. Don’t just plead guilty without exploring your options.

New Jersey Shoplifting Diversion Program

New Jersey does have a pre-trial intervention program that first time shoplifting offenders may be eligible for. This is known as the Conditional Dismissal Program. To qualify, you must:

• Have no prior indictable convictions
• Be approved by the program director and prosecutor
• Pay required participation fees
• Complete community service hours
• Stay out of trouble for 6 months to 1 year

If you successfully complete the program, the shoplifting charges are dismissed and expunged from your record. This avoids having a permanent criminal conviction.

Attorney General Shoplifting Guidelines

In 2018, the New Jersey Attorney General’s office issued guidelines for how shoplifting cases should be handled under Section 2C:20-11.1. The goals are to reduce recidivism rates and take a smart on crime approach.Some key parts of the guidelines include:

• Encouraging diversion programs when appropriate
• Considering individual circumstances instead of zero tolerance policies
• Limiting restitution amounts to the actual value stolen
• Avoiding overly punitive sentences

The guidelines aim to reform shoplifters and give them a second chance rather than impose harsh penalties on first time offenders. However, repeat offenders or those who steal high value merchandise would still face stiffer consequences.

Recent Changes to Boost Retail Theft Prevention

In 2021, New Jersey passed new legislation to help retailers combat shoplifting and organized retail theft rings. This included increased penalties for some offenses.For example, there are now enhanced penalties if:

• Five or more people work together to steal over $1,000 in merchandise. This is a second degree offense.
• You possess shoplifting tools like foil lined bags. Having these with intent to shoplift is a fourth degree crime.

Retailers also have more options to pursue civil penalties against repeat offenders.While the new laws give retailers more tools for prevention, the Attorney General guidelines still emphasize rehabilitation and diversion programs when appropriate. The goal is to take a balanced approach.

What to Do If You’re Charged with Shoplifting

If you’ve been accused of shoplifting in New Jersey, don’t just plead guilty right away. Talk to an experienced criminal defense lawyer about your options. A skilled attorney can review the evidence and determine if you have any defenses.They can also advise you if a diversion program may be appropriate. This avoids having a permanent shoplifting conviction on your record if you qualify and complete the program successfully.While shoplifting seems like a minor offense to some, it does carry real penalties in New Jersey. Having an attorney in your corner can help you get the best possible outcome. Don’t go it alone against store security and local prosecutors.

Bottom Line on New Jersey Shoplifting Laws

Shoplifting charges should always be taken seriously. The penalties can include substantial fines and jail time, especially for higher value merchandise. However, first time offenders may qualify for a diversion program that results in dismissal if completed.Recent legislative changes aim to give retailers more tools to combat shoplifting, while still emphasizing rehabilitation programs when appropriate. If you’re facing shoplifting charges, be sure to consult an attorney to protect your rights and explore all options. An experienced lawyer can provide the strong defense you deserve.