New Jersey’s Additional Fine for Auto Theft – What You Need to Know

Auto theft is a big problem in New Jersey. According to the FBI, over 15,000 vehicles were stolen in the state in 2021. That’s why New Jersey has some strict laws when it comes to auto theft. One of those laws is Section 2C:20-2.2, which allows courts to impose additional fines on top of other penalties for auto theft. This article will explain what Section 2C:20-2.2 is, how it works, and things to know about additional fines for auto theft in New Jersey.

What is Section 2C:20-2.2?

Section 2C:20-2.2 is part of the New Jersey Code of Criminal Justice. It allows courts to impose additional fines for auto theft if certain conditions are met. Specifically, it states:

“Notwithstanding the provisions of N.J.S.2C:43-3, if the fair market value of the automobile and its contents at the time it was stolen exceeds $7,500.00 and the automobile is not recovered, the court may sentence the defendant to pay a fine for that higher amount.”

In other words, if someone is convicted of auto theft, and the car and its contents were worth more than $7,500 at the time it was stolen, and the car was never recovered, the court can order the defendant to pay a fine equal to the value of the stolen car and its contents.

This is on top of any other fines or penalties the defendant may face for the auto theft conviction. The purpose is to allow courts to impose harsher punishments when particularly valuable cars are stolen and not returned.

When Does Section 2C:20-2.2 Apply?

For the additional fine in 2C:20-2.2 to apply, three conditions must be met:

1. The defendant must be convicted of auto theft under Section 2C:20-3 or another applicable law.
2. The fair market value of the stolen car and all its contents must exceed $7,500 at the time it was stolen. This does not include damage done to the car during the theft. It’s the value of the car itself plus any items inside.
3. The stolen car must never have been recovered. If the car is returned or found, the additional fine cannot be imposed.

If those three conditions are satisfied, then the court has discretion to order the defendant to pay a fine up to the full value of the car and its contents when stolen. This is in addition to other applicable fines, restitution, and penalties.

How is the Value of the Stolen Car Determined?

A key issue in auto theft cases involving 2C:20-2.2 is determining the fair market value of the stolen car and its contents. The prosecutor has the burden of proving this value.

They may use evidence like:

• The car’s purchase price and year
• Expert testimony from auto dealers or appraisers
• Classified ads for similar vehicles
• Receipts or testimony about items inside the car

Defendants often argue the car was worth less than the prosecution claims. Factors like high mileage, wear and tear, and outdated technology can lower a car’s value.

Ultimately the judge or jury will determine the fair market value of the stolen car and contents based on the evidence presented. The additional fine is limited to that amount.

Limits on the Additional Fine

While Section 2C:20-2.2 allows courts to impose harsh fines, there are some limits in place:

• It only applies if the stolen car is never recovered. If the car is returned, no additional fine can be imposed.
• The maximum fine is capped at the fair market value of the car and contents when stolen. Courts cannot arbitrarily assign a higher fine.
• Defendants cannot be fined twice for the same loss. If restitution is ordered, the additional fine may be reduced to avoid double payment.
• Defendants can request an ability-to-pay hearing. Fines can be lowered if the defendant proves they cannot reasonably pay the amount ordered.

So while 2C:20-2.2 allows stiff penalties, courts must still follow typical guidelines for fines and consider defendants’ financial means. The additional fine is not intended to be an impossible burden.

Are There Any Defenses?

Like with any criminal charge, there are defenses that may apply in auto theft cases involving potential additional fines:

• Lack of intent – If the taking was accidental or there was no intent to permanently deprive the owner, it may not qualify as theft.
• Consent – Using a car with the owner’s permission is not auto theft, even if it exceeds the scope of consent.
• Misidentification – If the defendant was not the person who actually stole the car, they cannot be convicted or fined.
• Duress or necessity – Stealing a car due to threat of harm or to meet an immediate need can sometimes justify the theft.
• Intoxication – Evidence of voluntary intoxication could negate the intent required for auto theft.
• Value disputes – The defense can argue the car or contents were worth less than the $7,500 threshold to avoid the additional fine.

A skilled defense attorney may be able to get charges reduced or dismissed by raising issues like these.

Why New Jersey Has Harsh Penalties for Auto Theft

Auto theft has been a consistent problem in New Jersey for many years. Some reasons the state has strict laws like 2C:20-2.2 include:

• Auto theft often finances other crimes like drug trafficking and gang activity. Harsh penalties help deter organized criminal rings.
• Stolen cars are frequently used in other crimes then dumped or chopped for parts. Getting these cars off the street fights other crimes.
• Auto theft drives up insurance costs for everyday citizens. Penalties like 2C:20-2.2 help offset the losses.
• Recovering stolen cars before they are damaged or destroyed prevents loss of property. Higher fines incentivize quick recovery.
• Auto theft often targets vulnerable groups like the elderly and low income families who cannot easily replace stolen cars. Increased penalties aim to protect them.

While some argue mandatory fines go too far, New Jersey sees them as a useful tool to combat auto theft and protect its citizens. The high penalties in 2C:20-2.2 are unlikely to change anytime soon.

What to Take Away

Section 2C:20-2.2 allows significant fines for auto theft in addition to other penalties when cars worth over $7,500 are stolen and not recovered. The maximum fine is capped at the car and contents’ fair market value. While the penalties are stiff, courts cannot arbitrarily assign fines defendants have no hope of paying.

With auto theft a consistent problem in New Jersey, laws like 2C:20-2.2 help deter criminals and offset the losses suffered by victims. Anyone facing auto theft charges should seek legal help to understand their rights and options when it comes to punishment. A skilled attorney may be able to negotiate reduced penalties or even get charges dismissed.