New Jersey Section 2C:20-12 – Definitions for sections 2-4

New Jersey’s criminal code contains several key definitions related to property crimes like theft, shoplifting, receiving stolen property, and more. Section 2C:20-12 lays out some of the most important definitions that apply to sections 2C:20-2 through 2C:20-4. Understanding these definitions provides critical context for anyone charged with or interested in these types of offenses.

Key Definitions

Here are some of the most significant terms defined in 2C:20-12:

• Movable property – This includes property like goods, wares, merchandise, etc. that are intended for sale or trade. It doesn’t include things like real estate, electricity, gas, etc. that are not easily moved.
• Property – This broadly covers any kind of money, real estate, or tangible/intangible personal property that belongs to someone else. It includes things like cars, jewelry, copyrights, trade secrets, and more.
• Property of another – This is property that someone else has an interest in, even if the defendant also has an interest. For example, property owned jointly or rented/leased.
• Deceive – This means purposely creating or reinforcing a false impression, preventing someone from acquiring truthful information, or failing to correct a false impression.
• Deprive – This means taking or withholding property or services either permanently or under circumstances that make it unlikely the owner will recover them.
• Obtain – This means bringing about a transfer of interest or possession, whether for the defendant or someone else.
• Purpose to deprive – This means the conscious object is to deprive the owner permanently or for so long that the property’s value or enjoyment is lost.
• Library material – This covers any property belonging to or loaned to a library, regardless of physical form.
• Museum material – This includes any property belonging to or loaned to a museum, gallery, collection, exhibition, or similar institution.
• Expired authorization – This refers to loss of consent from the owner that was previously given, due to passage of time, revocation, or going beyond what was authorized.
• False impression – This means an incorrect understanding or belief deliberately created or reinforced.

Key Implications

These definitions have some important implications:

• Property crimes in New Jersey apply very broadly to all kinds of property, not just physical objects. This includes intangibles like services, copyrights, and more.
• The property need only belong partially to someone else. The defendant can have a shared interest and still commit theft or related crimes.
• Deception covers even passive deception like failing to correct false beliefs. Actively lying is not required.
• Permanent deprivation is not required, only depriving so long that significant value is lost.
• Authorization expiring over time or being exceeded can make actions criminal, even if initially allowed.
• False impressions can be non-verbal and don’t require explicit lies. Deliberate deception is very broadly defined.

Key Defenses

Given these broad definitions, certain defenses become particularly important:

• Lack of criminal intent – If the defendant reasonably believed they had consent or weren’t deceiving, this may show no intent to deprive or deceive.
• Claim of right – If the defendant honestly believed they had a lawful claim or right to the property, they may lack criminal intent.
• Intoxication – Evidence of intoxication can be used to show lack of intent if it prevented forming intent.
• Mistake – An honest and reasonable mistake about the facts may demonstrate lack of knowledge or intent.
• Authorized use – Evidence showing the defendant had consent and stayed within its limits can disprove charges.
• Return or reimbursement – Returning property or paying for unauthorized use shortly after may show lack of intent to deprive permanently.

Examples and Explanations

Here are some examples of how these definitions and defenses might apply:

• Dan takes his roommate’s laptop without asking to finish a school project. He returns it the next day. Dan likely has a valid defense that he didn’t intend to deprive his roommate permanently or significantly.
• Sally sells her neighbor a car but continues making payments on the loan. She can likely be convicted of theft because the neighbor has an interest in the car.
• Tom honestly thinks the restaurant he goes to allows free refills on sodas. If reasonable, his mistake means he didn’t intend to deprive them of property.
• Rachel finds a $20 bill on the ground but suspects it fell out of someone’s pocket. If she keeps it, she likely commits theft by failing to correct their false impression.
• Mark takes his landlord’s tools to fix his cabinets but doesn’t return them for 6 months. The long deprivation likely makes his initial authorized use theft.

The breadth of these definitions means petty misunderstandings could potentially be charged as crimes absent evidence about intent. But well-supported defenses can protect against overreach and show actions weren’t criminal.

Final Thoughts

Section 2C:20-12 provides definitions core to understanding criminal liability for many property offenses in New Jersey. The concepts of deception, deprivation, intent, and authorized use are interpreted very broadly. But defenses focused on lack of intent and honest mistake are critical to rebut these charges when actions were not purposefully criminal. Understanding these key terms and their implications allows those charged with theft or related crimes to build an informed defense.