New Jersey Law Consolidates Theft and Computer Crimes

New Jersey law consolidates various theft and computer criminal offenses under Section 2C:20-2 of the New Jersey Code of Criminal Justice. This law combines different types of theft and cybercrime into a single offense for prosecution purposes.

Overview of the Law

The key aspects of Section 2C:20-2 include:

• Allows prosecutors to charge theft or computer crimes as a single offense even if the crimes were committed in different ways. For example, a defendant who committed theft by deception and computer criminal activity could be charged with one consolidated theft/computer crime offense[1].
• Thefts or computer crimes committed as part of one overarching scheme can be aggregated when determining the grade of the offense. For instance, a defendant who stole $5,000 through 10 separate fraudulent transactions could be charged with a single third-degree theft offense rather than 10 separate petty disorderly persons offenses[1].
• The value involved in the theft includes the amount of any state taxes avoided, evaded, unpaid, or improperly retained or disposed of[1].
• The trier of fact (judge or jury) determines the total value involved in the theft or computer criminal activity[1].

What Constitutes Theft or Computer Crime

Under Section 2C:20-2, theft can be charged when the defendant unlawfully takes, exercises control over, or obtains property of another person with the purpose of depriving them of the property. Theft includes crimes like shoplifting, embezzlement, and theft by deception[5].

Computer crimes that can be charged under the statute include illegally accessing data, systems, or networks; altering, damaging, destroying, or obtaining data; interrupting or impairing computers or networks; trafficking in passwords; and extortion involving computers, data, or networks.

Grading the Offense

The grade of a consolidated theft/computer crime depends on the total value involved:

• Disorderly persons offense: $200 or less
• Petty disorderly persons offense: more than $200 but less than $500
• Third degree crime: $500 or more but less than $75,000
• Second degree crime: $75,000 or more but less than $500,000
• First degree crime: $500,000 or more

Value includes any taxes avoided and amounts involved in related schemes or transactions. The trier of fact determines the total value[1].

Defenses

Some potential defenses to consolidated theft/computer crime charges include:

• Lack of criminal purpose – the defendant did not act with the purpose to deprive the victim of property or data. For example, the defendant had permission to use the property or access the computer system.
• Claim of right – the defendant had a lawful claim or right to the property obtained. For instance, the defendant mistakenly believed the property belonged to them.
• Intoxication – the defendant was involuntarily intoxicated and unable to form the requisite criminal mental state.
• Duress – the defendant only acted due to an immediate threat of harm against them or a loved one.
• Entrapment – the offense was induced by law enforcement encouraging or coercing the defendant to commit a crime they were not predisposed to commit.
• Statute of limitations – the prosecution was brought after the statute of limitations expired for the offenses charged.

Impact on Prosecutions

Section 2C:20-2 allows prosecutors to paint a complete picture of a defendant’s criminal conduct and seek penalties accordingly. It simplifies charging decisions by avoiding multiple specific charges. Consolidation also reduces the chances of overcharging or undercharging complex theft and cybercrime schemes.

However, consolidation has been criticized for bundling some petty crimes into more serious offenses. There are concerns it could lead to disproportionate punishment. The total value determination process has also been criticized as arbitrary in some cases.

Overall, consolidation under Section 2C:20-2 provides law enforcement greater flexibility in charging theft and computer crimes appropriate to the defendant’s culpability. But application of the law still requires care to ensure punishments fit the crimes.