2C:20-20 Civil Actions

 C:20-20. Civil actions

8. Civil Actions. a. Any person damaged in his business or property by reason of a violation of section 7 of this amendatory and supplementary act may sue therefor in any appropriate court and shall recover threefold any damages he sustains and the cost of the suit, including a reasonable attorneys fee, costs of investigation and litigation.

b. (1) All persons who have possessed or obtained control of stolen property are liable as principals and may be sued jointly or severally, whether or not possession or control was joint.

(2) Any person held liable for possession or control of stolen property under chapter 20 of Title 2C of the New Jersey Statutes shall have standing to bring a civil action for contribution from any person who possessed or exercised control over the stolen property and who knew, had reason to know, or was reckless with regard to the risk that it was stolen.

c. Any action for damages under chapter 20 of Title 2C of the New Jersey Statutes shall be maintained in the Superior Court sitting without a jury.

L.1981,c.167,s.8; amended 1991,c.91,s.143.

2C:20-2. Penalty for Theft Charges

 2C:20-2. Penalty for Theft Charges b. Grading of theft offenses.

(1)Theft constitutes a crime of the second degree if:

(a)The amount involved is $75,000.00 or more;

(b)The property is taken by extortion;

(c)The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S. 2C:35-2 and the quantity is in excess of one kilogram;

 (d)The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more; or

(e)The property stolen is human remains or any part thereof.

 

(2)Theft constitutes a crime of the third degree if:

(a)The amount involved exceeds $500.00 but is less than $75,000.00;

 

3rd degree            3- 5 years jail    $15,000fine     1 year- 5 year probation

       4th degree     0- 18 months    $10,000    1 year- 5 year

       There are many other penalties that the court must impose in criminal case.  There are dozens of other penalties a court can impose, depending on the type of matter. Read

www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

 

       If you or a family member are charged with a criminal offense, you should retain a Certified Municipal Court Law attorney to argue to reduce the penalties! 

 

(3)Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00.

If the amount involved was less than $200.00 the offense constitutes a disorderly persons offense.

Disorderly person criminal offenses-

 in Municipal Court

  Jail 2C: 43- 8  jail  6 month maximum

 probation 1-2 year                                                  

 community service  180 days maximum 

 mandatory costs, VCCB and other penalties

Disorderly- fines:   2C: 43- 3   $1,000 Fine  maximum 

 

       There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter.                

 

 (b)The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;

(c)The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S. 2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;

(d)It is from the person of the victim;

(e)It is in breach of an obligation by a person in his capacity as a fiduciary;

(f)It is by threat not amounting to extortion;

(g)It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;

(h)The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000;

(i)The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;

(j)The property stolen is a New Jersey Prescription Blank as referred to in R.S. 45:14-14; or

(k)The property stolen consists of an access device or a defaced access device.

……

(4)The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

c. Claim of right. It is an affirmative defense to prosecution for theft 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; or

(3)Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.

 

Criminal Indictable and Disorderly Offense  Penalties

 

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

                         Jail 2C: 43- 8 jail  6 month maximum

                                               probation 1-2 year                   

                                               community service  180 days maximum 

                                               mandatory costs, VCCB and other penalties

Disorderly- fines:   2C: 43- 3   $1,000 Fine  maximum        

 

       There are many other penalties that the court must impose in criminal cases.  There are dozens of other penalties a court can impose, depending on the type of matter.                

       Indictable Criminal Penalties    [Felony type]  [ Superior Court]

                               Jail  potential          Fine max   Probation

       1st degree     10- 20 years     $200,000  [presumption of jail]

       2nd degree    5-10 years        $150,000  [presumption of jail]

       3rd degree     3- 5 years         $15,000    1 year- 5 year

       4th degree     0- 18 months    $10,000    1 year- 5 year

 

       There are many other penalties that the court must impose in criminal case.  There are dozens of other penalties a court can impose, depending on the type of matter. Read www.njlaws.com/jail_for_crimes_and_disorderly_conduct.html

C:20-2(D) Theft From A Person

 

2C:20-2(D) Theft From A Person

2C :20-2 .  Consolidation of theft and computer criminal activity offenses.

   2C :20-2 . a. Consolidation of Theft and Computer Criminal Activity Offenses.  Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction.  A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

   b.   Grading of theft offenses.

   (1)   Theft constitutes a crime of the second degree if:

   (a)   The amount involved is $75,000.00 or more;

   (b)   The property is taken by extortion;

   (c)   The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;

   (d)   The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000.00 or more;

   (e)   The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or

   (f)   It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000.00 or more.

   (2)   Theft constitutes a crime of the third degree if:

   (a)   The amount involved exceeds $500.00 but is less than $75,000.00;

   (b)   The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;

   (c)   The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;

   (d)   It is from the person of the victim;

   (e)   It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000.00;

   (f)   It is by threat not amounting to extortion;

   (g)   It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;

   (h)   The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000.00;

   (i)   The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;

   (j)   The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;

   (k)   The property stolen consists of an access device or a defaced access device; or

   (l)   The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine.

   (3)   Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00.

   (4)   Theft constitutes a disorderly persons offense if:

   (a)   The amount involved was less than $200.00; or

   (b)   The property stolen is an electronic vehicle identification system transponder.

   The amount involved in a theft or computer criminal activity shall be determined by the trier of fact.  The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

   c.   Claim of right.  It is an affirmative defense to prosecution for theft 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; or

   (3)   Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

   d.   Theft from spouse.  It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.

2C:20-18 Leader of Auto Theft Trafficking Network

 

A person is a leader of an auto theft trafficking network if he conspires with others as an organizer, supervisor, financier or manager, to engage for profit in a scheme or course of conduct to unlawfully take, dispose of, distribute, bring into or transport in this State automobiles as stolen property. Leader of auto theft trafficking network is a crime of the second degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may impose a fine not to exceed $250,000.00 or five times the retail value of the automobiles seized at the time of the arrest, whichever is greater.

Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of auto theft trafficking network shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this act shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this act be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction for any other offense.

It shall not be necessary in any prosecution under this act for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attending circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the number of automobiles involved, or the amount of cash or currency involved.

It shall not be a defense to a prosecution under this act that the automobile was brought into or transported in this State solely for ultimate distribution in another jurisdiction; nor shall it be a defense that any profit was intended to be made in another jurisdiction.

2C:20-17 Use of Juvenile in Theft of Automobiles, Penalty

 

2C:20-17. Use of juvenile in theft of automobiles, penalty

a. A person who is at least 18 years of age who knowingly uses, solicits, directs, hires or employs a person who is in fact 17 years of age or younger to commit theft of an automobile is guilty of a crime of the second degree. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction under this section shall not merge with a conviction for theft of an automobile. Nothing contained in this act shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this act be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction for any other offense.

b. It shall be no defense to a prosecution under this section that the actor mistakenly believed that the person which the actor used, solicited, directed, hired or employed was older than 17 years of age, even if such mistaken belief was reasonable.

L.1991,c.81,s.1.

2C:20-16A Failure to Keep Tax Records

 

2C :20-16 .    Operation of facility for sale of stolen automobile parts; penalties 

    a.  A person who knowingly maintains or operates any premises, place or facility used for the remodeling, repainting, or separating of automobile parts for resale of any stolen automobile is guilty of a crime of the second degree.  

    b.  Notwithstanding any provision of law to the contrary, any person convicted of a violation of this section shall forthwith forfeit his right to operate a motor vehicle in this State for a period to be fixed by the court at not less than three nor more than five years.  The court shall cause a report of the conviction to be filed with the Director of the Division of Motor Vehicles. 

2C:20-16 Operation of Facility for Sale of Stolen Automobile Parts

 a. A person who knowingly maintains or operates any premises, place or facility used for the remodeling, repainting, or separating of automobile parts for resale of any stolen automobile is guilty of a crime of the second degree.

b. Notwithstanding any provision of law to the contrary, any person convicted of a violation of this section shall forthwith forfeit his right to operate a motor vehicle in this State for a period to be fixed by the court at not less than three nor more than five years. The court shall cause a report of the conviction to be filed with the Director of the Division of Motor Vehicles.

2C:20-16 Chop Shop

 

2C:20-16. Chop Shop

Operation of facility for sale of stolen automobile parts; penalties

a. A person who knowingly maintains or operates any premises, place or facility used for the remodeling, repainting, or separating of automobile parts for resale of any stolen automobile is guilty of a crime of the second degree.

b. Notwithstanding any provision of law to the contrary, any person convicted of a violation of this section shall forthwith forfeit his right to operate a motor vehicle in this State for a period to be fixed by the court at not less than three nor more than five years. The court shall cause a report of the conviction to be filed with the Director of the Division of Motor Vehicles.

L.1991,c.80,s.1.

2C:20-15 Sign Required by Libraries

 

2C:20-15. Sign required

All library facilities shall post at their primary entrances and exits a conspicuous sign to read as follows: IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIAL, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES WHO IS SUSPECTED OF COMMITTING A THEFT OF LIBRARY MATERIAL.

L. 1985, c. 373, s. 4, eff. Nov. 26, 1985.

2C:20-14 Detention on Probable Cause

 

2C:20-14. Detention on probable cause

a. A law enforcement officer, a special officer, or an employee of a library facility who has probable cause for believing that a person has willfully concealed library material and that he can recover the material by taking the person into custody, may, for the purpose of attempting to recover the material, take the person into custody and detain him in a reasonable manner for a reasonable time. Taking the person into custody shall not render the law enforcement officer, the special officer, or the employee of a library facility civilly or criminally liable.

b. Any law enforcement officer who has probable cause for believing that a person has committed the offense of theft of library material may arrest the person without warrant.

c. An employee of a library facility who causes the arrest of a person for theft of library material, as provided for in this act, shall not be civilly or criminally liable where the employee has probable cause for believing that the person arrested committed the offense of theft of library material.

L. 1985, c. 373, s. 3, eff. Nov. 26, 1985.