New Jersey Section 2C:20-15 – Sign required

New Jersey Requires Public Libraries to Post Theft Warning Signs

New Jersey has a specific statute, Section 2C:20-15, that requires all public libraries in the state to post very specific signs at all primary entrances and exits to deter theft. This little-known law is intended to cut down on the removal of books, media, and other materials from libraries without properly checking them out. Let’s take a closer look at what the law requires, its implications, and whether it has been effective.

What Exactly Does the Law Require?

The statute itself is just one sentence long. It states that, “All library facilities shall post at their primary entrances and exits a conspicuous sign to read as follows: IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING LIBRARY THEFT (N.J.S. 2C:20-15).”

So in a nutshell, all public libraries in NJ have to put up a very specific warning sign stating that anyone suspected of trying to steal library materials can be detained. The sign must be clearly visible and placed at all main entrances and exits.

What’s the Purpose Behind This Law?

The goal here is deterrence – having this warning sign posted prominently is intended to discourage potential thieves from trying to steal books, DVDs, or other materials from the library. If would-be thieves know they could be detained if caught, they may think twice before attempting to remove items illegally.

Shoplifting and retail theft statutes often have similar requirements for stores to post warnings that shoplifters can and will be prosecuted. This library law serves the same purpose.

Are There Any Penalties for Non-Compliance?

The statute itself does not spell out any specific penalties if a library fails to post the required signs. So technically there are no direct legal consequences or fines outlined in 2C:20-15 if a library does not comply.

However, if a library does not post the warning signs, it could weaken their position if they attempt to detain or charge someone caught stealing. The suspect could perhaps try to claim he/she was unaware of the possibility of detention since no sign was posted.

So practically speaking, libraries must follow the signage rules or else risk compromising their ability to prosecute thefts if they occur. But the law does not impose direct fines for non-posted facilities.

How Effective Has This Law Been in Curbing Library Theft?

There seems to be limited data on whether Section 2C:20-15 has meaningfully reduced instances of attempted library theft in New Jersey. Anecdotally, some librarians do feel the signs help deter casual theft, but organized theft rings likely pay little attention.

In 2016, a NJ Senate committee reviewed library theft data across multiple cities:

• Newark libraries reported 160 incidents of theft in 2013, 100 incidents in 2014, and 68 in 2015 after signs were posted more visibly under Section 2C:20-15.
• Jersey City libraries reported 42 incidents in 2013, 36 incidents in 2014, and 22 incidents in 2015.
• Paterson libraries reported 30-50 theft incidents per year.

While those numbers declined a bit, it’s unclear if the warning signs directly caused the reduction. More security cameras and guards likely contributed as well.

Many librarians argue more needs to be done beyond just signage, like implementing better checkout procedures, RFID tags in books, and updated security systems. But the warning signs are seen as a good starting point and reminder to patrons of the rules.

What Happens If Someone Is Caught Attempting Library Theft?

If a patron sets off security alarms or tries to exit with un-checked out items, library staff can detain them “for a reasonable period” under the language of 2C:20-15. Typically this would mean holding the suspect until police can arrive, or escorting them to a manager’s office.

Trying to leave with library materials is considered attempted theft, even if no actual theft is completed. Under NJ theft laws, it’s a disorderly persons offense if the value is less than $200, with escalating charges and degrees for higher values.

Penalties can include fines, probation, and possibly jail time depending on the circumstances and dollar values involved. Much would depend on whether it’s a first offense, if force or weapons were used, and the suspect’s prior record.

Library theft, even of lower dollar items, is not treated lightly. The materials are public property, paid for with taxpayer funds. So prosecutors and courts impose real consequences, especially for repeat offenders.

What Defenses Could a Suspect Attempt to Claim?

Some of the more common defenses suspects could attempt if caught stealing library materials include:

Lack of Notice: As mentioned earlier, if a library fails to post the required warning signs under 2C:20-15, a suspect could claim they were unaware of the possibility of detention. This could potentially invalidate an attempted theft charge. Ensure signs are clearly posted.

Mistake of Fact: The suspect might claim they accidentally forgot an item was in their bag or purse when leaving, or thought they had already checked it out properly. Though this excuse is often viewed skeptically by courts.

False Accusation: A suspect could assert a clerk made a mistake, an RFID tag malfunctioned, or someone planted the item to intentionally get them in trouble. The accused will argue mistaken identity or false accusations by staff.

Medical Issues: Some suspects have claimed medical conditions like dementia or absentmindedness caused them to forget to properly check out materials. This is occasionally used by elder suspects.

First Offense/No Record: First-time offenders often plead for leniency and diversion programs to avoid a permanent criminal record. But this depends on the specific circumstances of each case.

Unreasonable Detention: If held an excessively long time before police arrive, a suspect could claim unreasonable seizure without due process. Libraries must be careful not to over-detain.

In practice though, most library theft charges stick since intent and attempted removal of property is usually fairly evident on security footage. But skilled defense lawyers use angles like those above to seek dismissals or plea bargains.

Do Other States Have Similar Library Theft Laws?

A few other states have statutes related to library theft signage, but New Jersey’s law is one of the most explicit about exactly what language must be posted. Examples of related laws elsewhere:

– Wisconsin Act 209 says libraries “may” post a theft warning, but does not require specific wording. More discretionary.

– Texas Education Code Sec. 4.28 allows detention for theft but does not mandate signs.

– Ohio Revised Code Section 3375.41 is one of the closest to New Jersey’s requirements for posted language.

So NJ’s library signage law is quite unique in its specificity on locations, size, exact phrasing, and mandatory nature. This likely gives the state stronger protections in prosecuting theft and demonstrates the intent to curb the problem proactively.

Conclusion

New Jersey’s Section 2C:20-15, requiring public libraries to post theft detention warnings, is intended to deter would-be thieves from attempting to illegally remove materials. Anecdotal evidence suggests the signs may dissuade some casual theft, but organized rings still pose problems. Libraries find the law most useful not necessarily in wholly preventing theft, but in empowering staff to detain suspects when thefts do occur until police can respond. Posting clear notices assists prosecutors in building ironclad cases as well. So while perhaps not a panacea to eliminating library crimes, Section 2C:20-15 provides an important, if obscure, tool in New Jersey’s anti-theft arsenal.