2C:20-7.1. Fencing
a. Possession of altered property. Any dealer in property who knew or
should have known that the identifying features such as serial numbers
and permanently affixed labels of property in his possession have been
removed or altered without the consent of the manufacturer is guilty of
possession of altered property. It is a defense to a prosecution under
this subsection that a person lawfully possesses the usual indicia of
ownership in addition to mere possession.
b. Dealing in stolen property. A person is guilty of dealing in stolen
property if he traffics in, or initiates, organizes, plans, finances,
directs, manages or supervises trafficking in stolen property.
c. The value of the property involved in the violation of this section
shall be determined by the trier of fact. The value of the property
involved in the violation of this section may be aggregated in
determining the grade of the offense where the acts or conduct
constituting a violation were committed pursuant to one scheme or course
of conduct, whether from the same person or several persons.
d. It is an affirmative defense to a prosecution under this section that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service
involved or that he had a right to acquire or dispose of it as he did.
e. In addition to the presumptions contained in N.J.S. 2C:20-7b. the
following presumptions are available in the prosecution for a fencing
offense:
(1) Proof of the purchase or sale of property at a price substantially
below its fair market value, unless satisfactorily explained, gives rise
to an inference that the person buying or selling the property knew
that it had been stolen;
(2) Proof of the purchase or sale of property by a dealer in that
property, out of the regular course of business, or without the usual
indicia of ownership other than mere possession, or the property or the
job lot of which it is a part was bought, received, possessed or
controlled in broken succession of title, so that it cannot be traced,
by appropriate documents, in unbroken succession to the manufacturer, in
all cases where the regular course of business reasonably indicates
records of purchase, transfer or sale, unless satisfactorily explained,
gives rise to an inference that the person buying or selling the
property knew that it had been stolen; and
(3) Proof that a person buying or selling property of the sort received
obtained such property without having ascertained by reasonable inquiry
that the person from whom he obtained it had a legal right to possess
or control it gives rise to an inference that such person knew that it
had been stolen.
L.1981, c. 167, s. 7, eff. June 15, 1981.
