New Jersey Section 2C:20-7.2 – Notification of theft of scrap metal.

New Jersey’s Scrap Metal Theft Notification Law – What You Need to Know

New Jersey has a law on the books regarding notification of scrap metal theft – Section 2C:20-7.2. This law allows police departments in the state to notify scrap metal businesses when scrap metal has been reported stolen. The goal is to help recover stolen scrap metal and prosecute metal thieves.

Scrap metal theft has become a big problem in recent years, as metal prices have risen. Thieves often target things like copper wiring, catalytic converters, aluminum siding, bronze cemetery plaques, and metal guardrails. The stolen metal can be sold to scrap yards for quick cash. This kind of theft causes a lot of damage and cost to victims.

What the Law Says

The key parts of New Jersey’s scrap metal theft notification law are:

• It applies to all state, county, and municipal police departments in NJ.
• Police can notify scrap yards when they receive “reliable information” that scrap metal has been stolen. This could come from a theft report filed by a victim.
• The notification has to identify what was stolen – the type and quantity of metal.
• Police must provide the name of the victim if known.
• The notification can be made by phone, email, fax or in person.
• There are no specific requirements on timing of the notification. Police have discretion on when to contact scrap yards.
• Scrap yards are not legally required to act on the notification. But it alerts them that recently stolen material may be brought to their facility.

Why Police Notify Scrap Yards

There are several reasons why police take advantage of this notification law:

• It quickly spreads the word about recent scrap metal thefts, making it harder for thieves to sell what they stole.
• Scrap yard employees can be on the lookout for the stolen items. They may be able to identify sellers trying to offload hot merchandise.
• If stolen goods do end up at a scrap yard, employees know to notify police and hold the material. This aids in recovery and prosecution.
• It builds cooperation between law enforcement and the scrap industry to combat metal theft.
• The more thieves hear police are notifying scrap yards, the less incentive they have to steal metal in the first place.

How Scrap Yards Use the Notifications

Scrap yards are not legally mandated to take any action when notified about metal theft by police. But many find the notifications helpful for their own business. Things scrap yards may do when notified:

• Inform employees to watch for the stolen metal type/quantity police described.
• Note seller information if the stolen material is brought to the yard, to pass along to police.
• Refuse to purchase any metal fitting the theft description.
• Hold identified stolen metal that has been brought in and contact police for pickup.
• Review security footage to identify sellers if stolen metal was purchased unknowingly.
• Document the police notification and any actions taken internally for business records.

Pros of the Notification Law

New Jersey’s scrap metal theft notification law has a number of positives associated with it:

• It provides a formal process for police and scrap yards to collaborate against metal theft. This improves communication between the industries.
• The notifications offer a real-time heads up to yards about recent local scrap metal crimes. This allows them to be proactive.
• Scrap yards can aid police investigations by identifying sellers and holding stolen goods. More thieves may be arrested thanks to the cooperation.
• It is a deterrent to potential metal thieves, who will have a harder time fencing stolen scrap.
• When less metal is stolen due to deterrence, there is less burden on victims, police, and insurance companies.
• Citizens and businesses benefit when fewer metal theft crimes take place in their communities.

Potential Cons of the Law

However, there are also some potential downsides of the law that have been raised:

• There is no requirement for police to notify yards within a certain timeframe after a theft. Quick notification has the most impact.
• No mandate that yards have to take specific actions when notified. Some may ignore notifications.
• Could create friction between police and yards if notifications are overused or yards feel policed.
• Costs scrap industry time and effort to field notifications and check for stolen goods.
• If not managed properly, could create too much red tape around legal scrap transactions.
• Doesn’t prevent metal theft – just aims to avoid selling through scrap yards. Thieves may find other outlets.

Defenses Against Scrap Metal Theft Charges

Those caught selling stolen scrap metal in New Jersey can potentially face criminal charges for theft and receiving stolen property. But there may be defenses a skilled lawyer could raise on a defendant’s behalf:

• Lack of knowledge – Argue the seller did not know the scrap was stolen when they sold it to the yard. Prove they came by it innocently.
• No theft occurred – Challenge whether any scrap metal theft actually took place. Weaknesses in the prosecution’s evidence of theft may exist.
• Misidentification – Dispute whether the scrap metal sold is the same material reported stolen to the yard. Question definitive identification.
• Police procedure issues – Raise problems with the way police handled notifying scrap yards. Sloppy procedures could create doubt.
• Unlawful holding – Argue the scrap yard unlawfully held a seller’s legal property without proper justification after police notification.

Scrap Metal Theft Penalties in New Jersey

Those convicted of stealing scrap metal or selling stolen scrap can face a range of criminal penalties:

• Fines up to $10,000 for theft offenses. Higher for repeat offenders.
• Jail time ranging from probation up to 10+ years for large thefts or organized metal theft rings.
• Restitution to victims for value of stolen metal and damage caused during theft.
• Forfeiture of vehicles used during metal thefts.
• Loss of licenses needed for employment, such as contractor licenses.
• Permanent criminal record making finding employment more difficult.

Bottom Line on the Notification Law

At the end of the day, New Jersey’s scrap metal theft notification law provides a useful tool for law enforcement to combat these crimes that have been rampant lately. The more thieves get the message that selling stolen metal will be difficult, the more it should deter them from stealing it in the first place. Police and scrap yards working together through notifications, and yards aiding investigations when necessary, will ideally help cut down on metal theft over time.

Citizens have an important role to play too by reporting any scrap metal thefts or suspicious activity. The more police know about local metal crimes, the better they can use the notification law to full effect in protecting people’s property.