New Jersey Section 2C:20-22 – Estoppel
New Jersey Code Section 2C:20-22 – Estoppel
Section 2C:20-22 of the New Jersey Code deals with estoppel as it relates to theft offenses. Estoppel is a legal principle that prevents someone from arguing something or claiming a right that contradicts their previous conduct.
Under this section, a person is prevented (estopped) from arguing that they had a right to obtain or exert control over property if they obtained that property through theft. For example, if someone steals a car, they cannot later claim they had a right to take the car.
Some key points about estoppel under this section:
- It applies to theft offenses in Chapter 20 of the NJ Code, such as theft by unlawful taking (2C:20-3) or theft by deception (2C:20-4).
- The defendant is estopped from denying the theft if they obtained control over the property.
- Estoppel applies even if the theft was less than $200 in value.
- This prevents technical defenses based on arguing property rights after-the-fact.
The purpose of this section is to prevent those who have stolen property from trying to justify their actions after the fact. It aims to simplify theft prosecutions by removing certain technical defenses.
For more info, check out this analysis of Section 2C:20-22 and this overview of theft by estoppel in NJ.