Criminal Defense Lawyers

New Jersey Section 2C:20-9 – Theft by failure to make required disposition of property received

Theft by Failure to Make Required Disposition of Property Received in New Jersey

New Jersey’s theft law includes a provision that criminalizes the failure to make required payments or disposition of property that a person obtains or retains. This article provides an overview of Section 2C:20-9 and its key provisions, defenses, and penalties.

What Does the Law Say?

Under 2C:20-9, a person commits theft if they purposely obtain or retain property upon agreement or subject to a known legal obligation to make specified payments or other disposition, and they fail to make the required payment or disposition.

For example, if you take out a loan and agree to make monthly payments, but then never make any of the required payments, you could be charged with theft under this statute. Or if you rent a car and don’t return it as required under the rental agreement, you could also face charges.

The law applies even if it’s impossible to identify the specific property involved. So in the rental car example, even if the individual car you rented can’t be identified, you could still be charged if you failed to return “a” rental car as required.

What Are the Key Elements of This Offense?

There are a few key elements prosecutors must prove to convict someone under 2C:20-9:

• The defendant purposely obtained or retained property. This means they consciously intended to obtain or keep the property, knowing their actions would result in obtaining or retaining it.
• The obtainment or retention was upon an agreement or known legal obligation to make specified payments or other disposition of the property. There must be an actual agreement or obligation that the defendant was aware of.
• The defendant failed to make the required payment or disposition. Merely breaching the agreement isn’t enough. The state must prove the defendant specifically failed to make required payments or disposition they knew were legally obligated.
• The defendant’s failure to make the required payment or disposition was unlawful. As with other theft offenses, the state must prove the defendant lacked legal justification for failing to make the payments or disposition.

What Are Some Common Examples?

Some of the most common scenarios where 2C:20-9 charges arise include:

• Failing to make payments on a loan or debt. This could involve personal loans from individuals, mortgages, student loans, or other debts. Simply not paying isn’t itself criminal, but purposely taking out a loan with no intent to repay could lead to theft charges.
• Not returning rented or leased property. When you rent or lease something, you agree to return it by a certain date. Keeping rented property beyond that date could result in charges, even if you initially rented it lawfully.
• Failure to pay for goods or services received. If you have work done on your home or car, get medical treatments, or receive other goods and services with an obligation to pay, purposely obtaining those services with no intent to pay could be theft.
• Unlawful use of property subject to a bailment. If you rent a storage unit and stop paying rent, or keep using a borrowed item beyond the agreed timeframe, theft charges could result under 2C:20-9.
• Misuse of proceeds subject to a constructive trust. If you obtain money subject to an obligation to use it for a specific purpose, but don’t use it as required, theft charges may apply. This often comes up with real estate down payments.

What Are Some Potential Defenses?

There are several potential defenses that a skilled criminal defense attorney may raise on your behalf to contest charges under this statute, such as:

• You did not purposely fail to make the required payment or disposition. For example, you intended to make the payments but couldn’t due to financial hardship.
• There was no clear agreement or legal obligation to make a specific payment or disposition. If the terms were vague, verbal only, or never agreed upon, it may be hard to prove this element.
• You lacked the intent to permanently deprive the owner. If you planned to eventually make the payment or return the property, even if late, you may not have intended to permanently deprive the owner.
• You had a good faith dispute over the amount owed or other terms of the agreement. In cases like this, your failure to pay may be more of a civil matter than a crime.
• There are evidentiary issues with the prosecution’s case. They may lack solid evidence you ever agreed to the obligation, obtained the property, failed to make payments, etc.

What Are the Penalties if Convicted?

Theft under 2C:20-9 is generally a crime in the third degree, but it can range from a disorderly persons offense up to a first degree crime depending on the circumstances:

• Disorderly persons offense – if the total value involved is $200 or less
• Fourth degree crime – if the total value is over $200 but $500 or less
• Third degree crime – if the total value is over $500 but $75,000 or less
• Second degree crime – if the total value is over $75,000 but $150,000 or less
• First degree crime – if the total value exceeds $150,000

Third degree crimes carry penalties of 3-5 years in prison and fines up to $15,000. First degree charges can result in 10-20 years in prison. Fines, fees, probation, and restitution may also be imposed.

How Can an Attorney Help Defend Me?

Theft charges should always be taken seriously. An experienced criminal defense lawyer can thoroughly evaluate the evidence and defenses in your case and build the strongest argument to fight the charges. This may lead to getting charges reduced or dismissed pre-trial, or acquitted at trial.

Even if some misconduct did occur, we may be able to get charges downgraded to a lesser offense. This can help avoid the severe penalties of higher-degree theft charges. We can also advocate for probation and alternative sentencing where appropriate.

Don’t leave the outcome to chance. Work with an attorney who understands New Jersey theft laws and how to effectively defend against allegations of failing to make required payments or disposition of property. With an aggressive defense, many of these charges can be favorably resolved.