New Jersey Section 2C:20-13 – Concealment of material

New Jersey Law on Concealment of Material – What You Need to Know

New Jersey law makes it a crime to purposely conceal library materials or retail merchandise without paying for them. This article will explain the key details of the law and what it means for citizens and businesses in New Jersey.

The Law in Plain English

Section 2C:20-13 of New Jersey law says that it’s against the law to intentionally hide library books, movies, or other materials on your person or belongings without checking them out properly. It’s also illegal to purposely conceal store merchandise in a shop without paying for it first.

If you get caught hiding library or store items, the law assumes you were planning to steal them. You can be charged with a crime even if you didn’t leave the building yet.

How the Law Applies to Libraries

Let’s look at how this law applies for libraries first. If a librarian or guard catches you trying to sneak out books, CDs, or movies that you never checked out, you’re in trouble.

It doesn’t matter if you hide them under your clothes, in a bag, or even if you just move them from public areas to private study rooms. If you purposely try to conceal library materials without checking them out, you could face charges for attempted theft.

The reason is that New Jersey law assumes you were trying to deprive the library of those materials by hiding them. It’s up to you to prove that you intended to check them out properly.

What About Retail Stores?

Now let’s talk about how Section 2C:20-13 applies to retail stores and shoplifting. If a store employee or security guard catches you concealing merchandise without paying, the law presumes you were shoplifting.

For example, if you put clothes in your bag without going through checkout, or rip off price tags before leaving, that’s illegal. Even if you hide items inside the store – like slipping jewelry into your pocket – it can still be charged as attempted theft.

The law says concealing retail goods counts as prima facie evidence. This means the court will assume you were shoplifting unless you provide strong proof otherwise.

Charges and Penalties

So what kind of charges and penalties can you face for violating New Jersey’s law against concealing materials? It depends…

For shoplifting, the charge is usually retail theft as a disorderly persons offense. This can lead to 6 months in jail and $1,000 in fines. But it may be upgraded to a more serious charge if the merchandise was expensive.

For concealing library materials, you may be charged with theft of library materials. This is a crime in the 4th degree if the items are worth less than $500. The penalties can include up to 18 months in prison and up to $10,000 in fines.

In either case, you will likely have a permanent criminal record if convicted. And you may be banned from the store or library where the incident happened.

Defenses to Concealment Charges

What kind of defenses can you raise if accused of illegally concealing merchandise or library materials in New Jersey? Here are some options:

• You didn’t actually conceal or hide the items intentionally – it was an accident.
• You had no purpose to deprive the owner of the items – you planned to pay or check them out properly.
• You have a mental health condition that impacted your actions or judgment at the time.
• You were unlawfully profiled or targeted based on race, age, or appearance.
• Your civil rights were violated during detention, search, or questioning.
• You have an honest claim of right to the materials due to a legitimate misunderstanding.

If any of these defenses might apply, don’t hesitate to contact a criminal defense lawyer for help fighting the charges.

Policy Considerations

While laws against retail theft and concealing library materials aim to protect businesses and public resources, there are some policy concerns to consider:

• Overzealous enforcement could lead to racial profiling, targeting of teens/homeless.
• People struggling with poverty, addiction may resort to petty theft out of desperation.
• Harsh penalties don’t address root causes of why someone steals.
• Banning people from libraries makes it harder for them to learn, find jobs.
• There are no limits on merchant detention practices and “false arrest” risks.

Reform advocates say we need more nuance in how we address minor property crimes versus serious organized retail theft rings. Some states now direct petty shoplifters into rehabilitation programs instead of jail.

But in New Jersey, Section 2C:20-13 allows for serious criminal penalties in virtually any concealment case. Citizens should understand their rights and obligations under the law. And businesses should ensure fair policies so honest mistakes don’t lead to undeserved harm.

When to Seek Legal Help

If you’ve been accused of concealing retail or library property in New Jersey, it’s important to consult with a criminal defense attorney right away. A skilled lawyer can review the details of your case and advise you on the best defense strategy.

They can also represent you in negotiations with prosecutors to get charges reduced or dismissed. And if necessary, they can defend you through trial and appeal any convictions. Don’t take a chance on the serious penalties these concealment charges can bring. Get expert legal help fighting the case today.