NJSA 2C:20-2 Theft of Movable Property

10/18/11 4:20 PMNJSA 2C:20-2 Theft of Movable Property

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NJSA 2C:20-2 Theft ofMovable Property

Kenneth Vercammen's Law office representsindividuals charged with criminal and serious trafficviolations throughout New Jersey.

Theft of Movable property 2C:20-2

If someone is criminally indicted for theft, at trial thejudge will read to the jurors the following juryinstructions of the law:

The following charge is to be used when the factualcircumstances indicate an unlawful taking ofpersonal property and the value of the property is indispute. In other instances, reference must be madeto 2C:20-2b to determine the degree of theft. SeeCharge # 2.291 on GRADATION OF THEFTOFFENSES. Note that 2C:20-2b(2) makes someoffenses of the third degree regardless of the value ofthe property).

The indictment charges the defendant with (here readthe indictment) . The statute on which the indictmentis based is 2C:20-3a which reads in its pertinent partas follows:

A person is guilty of theft if he unlawfully takes, orexercises control over movable property of another

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with purpose to deprive him thereof.

(If appropriate, here define "movable property,"property" and "property of another.")

You cannot find the defendant guilty unless youdetermine that the State has proven the following twoelements beyond a reasonable doubt:

First, the State must prove that the defendantunlawfully took (here describe property listed inindictment). In order to prove an unlawful taking, theState need not prove that the property was carriedout of the place in which it was kept, but only that itwas moved or taken from its original location. If thedefendant is found with the stolen property shortlyafter it was taken, charge the jury that it may draw aninference that the defendant took the property).

Second, the State must prove that at the time thedefendant took this property (his/her) purpose was todeprive the owner of the (here describe property).With regard to the requirement of proof of a purposeto deprive another of (his/her) property, you areinstructed that a person acts purposely with respectto the nature of (his/her) conduct or a result thereofif it is (his/her) conscious object to engage inconduct of that nature or to cause such a result. Inother words, in order for you to find that thedefendant acted purposely, the State must provebeyond a reasonable doubt that at the time thedefendant took the property it was (his/her)conscious object to deprive (the owner) of (describeproperty).

(If appropriate, insert relevant portions of thefollowing definition.) "Deprive" means

(1) to withhold (or cause to be withheld) property ofanother permanently or for so extended a period as toappropriate a substantial portion of its economicvalue...or,

(2) to dispose (or cause disposal) of the property soas to make it unlikely that the owner will recover it).

Thus, if you find after a careful consideration of allof the evidence that the State has proven beyond a

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reasonable doubt each of the elements as I haveexplained them, then your verdict should be guilty.

However, if the State has not proven each of theelements described above to your satisfaction beyonda reasonable doubt, then your verdict should be notguilty.

1 N.J.S.A. 2C:20-1e - "Movable Property" meansproperty the location of which can be changed,including things growing on, affixed to, or found inland, and documents, although the rights representedthereby have no physical location. Unless thecharacter of the property unlawfully taken is indispute, the Court may instruct the jury that theproperty so taken is "(movable) property" under thestatute.

N.J.S.A. 2C:20-1g - "Property" means anything ofvalue including real estate, tangible and intangiblepersonal property, trade secrets, contract rights,chooses-in-action and other interests in or claims towealth, admission or transportation tickets, capturedor domestic animals, food and drink, electric, gas,steam or other power.

N.J.S.A. 2C:20-1b - "Property of Another" includesproperty in which any person other than the actor hasan interest which the actor is not privileged toinfringe, regardless of the fact that the actor also hasan interest in the property....

2 See Supplementary Note to this Charge; State v.Dancyger, 29 N.J. 76 (1959).

3 When the defendant is found to be in possession ofthe stolen property within a short time after the theft,see supplement attached to this charge.

Theft penalties increased!

2C:20-1 Definitions.

2C:20-1. Definitions. In chapters 20 and 21, unless adifferent meaning plainly is required:

a."Deprive" means: (1) to withhold or cause to bewithheld property of another permanently or for so



extended a period as to appropriate a substantialportion of its economic value, or with purpose torestore only upon payment of reward or othercompensation; or (2) to dispose or cause disposal ofthe property so as to make it unlikely that the ownerwill recover it.

b."Fiduciary" means an executor, generaladministrator of an intestate, administrator with thewill annexed, substituted administrator, guardian,substituted guardian, trustee under any trust, express,implied, resulting or constructive, substituted trustee,executor, conservator, curator, receiver, trustee inbankruptcy, assignee for the benefit of creditors,partner, agent or officer of a corporation, public orprivate, temporary administrator, administrator,administrator pendente lite, administrator adprosequendum, administrator ad litem or otherperson acting in a similar capacity.

c."Financial institution" means a bank, insurancecompany, credit union, savings and loan association,investment trust or other organization held out to thepublic as a place of deposit of funds or medium ofsavings or collective investment.

d."Government" means the United States, any state,county, municipality, or other political unit, or anydepartment, agency or subdivision of any of theforegoing, or any corporation or other associationcarrying out the functions of government.

e."Movable property" means property the location ofwhich can be changed, including things growing on,affixed to, or found in land, and documents, althoughthe rights represented thereby have no physicallocation. "Immovable property" is all other property.

f."Obtain" means: (1) in relation to property, to bringabout a transfer or purported transfer of a legalinterest in the property, whether to the obtainer oranother; or (2) in relation to labor or service, tosecure performance thereof.

g."Property" means anything of value, including realestate, tangible and intangible personal property,trade secrets, contract rights, choses in action andother interests in or claims to wealth, admission or



transportation tickets, captured or domestic animals,food and drink, electric, gas, steam or other power,financial instruments, information, data, andcomputer software, in either human readable orcomputer readable form, copies or originals.

h."Property of another" includes property in whichany person other than the actor has an interest whichthe actor is not privileged to infringe, regardless ofthe fact that the actor also has an interest in theproperty and regardless of the fact that the otherperson might be precluded from civil recoverybecause the property was used in an unlawfultransaction or was subject to forfeiture ascontraband. Property in possession of the actor shallnot be deemed property of another who has only asecurity interest therein, even if legal title is in thecreditor pursuant to a conditional sales contract orother security agreement.

i."Trade secret" means the whole or any portion orphase of any scientific or technical information,design, process, procedure, formula or improvementwhich is secret and of value. A trade secret shall bepresumed to be secret when the owner thereof takesmeasures to prevent it from becoming available topersons other than those selected by the owner tohave access thereto for limited purposes.

j."Dealer in property" means a person who buys andsells property as a business.

k."Traffic" means:

(1)To sell, transfer, distribute, dispense or otherwisedispose of property to another person; or

(2)To buy, receive, possess, or obtain control of oruse property, with intent to sell, transfer, distribute,dispense or otherwise dispose of such property toanother person.

l."Broken succession of title" means lack of regulardocuments of purchase and transfer by any sellerexcept the manufacturer of the subject property, orpossession of documents of purchase and transfer byany buyer without corresponding documents of saleand transfer in possession of seller, or possession of



documents of sale and transfer by seller withoutcorresponding documents of purchase and transfer inpossession of any buyer.

m."Person" includes any individual or entity orenterprise, as defined herein, holding or capable ofholding a legal or beneficial interest in property.

n."Anything of value" means any direct or indirectgain or advantage to any person.

o."Interest in property which has been stolen" meanstitle or right of possession to such property.

p."Stolen property" means property that has been thesubject of any unlawful taking.

q."Enterprise" includes any individual, soleproprietorship, partnership, corporation, businesstrust, association, or other legal entity, and any unionor group of individuals associated in fact, althoughnot a legal entity, and it includes illicit as well aslicit enterprises and governmental as well as otherentities.

r."Attorney General" includes the Attorney Generalof New Jersey, his assistants and deputies. The termshall also include a county prosecutor or hisdesignated assistant prosecutor, if a countyprosecutor is expressly authorized in writing by theAttorney General to carry out the powers conferredon the Attorney General by this chapter.

s."Access device" means property consisting of anytelephone calling card number, credit card number,account number, mobile identification number,electronic serial number, personal identificationnumber, or any other data intended to control orlimit access to telecommunications or other computernetworks in either human readable or computerreadable form, either copy or original, that can beused to obtain telephone service.

t."Defaced access device" means any access device,in either human readable or computer readable form,either copy or original, which has been removed,erased, defaced, altered, destroyed, covered orotherwise changed in any manner from its original



configuration.

u."Domestic companion animal" means any animalcommonly referred to as a pet or one that has beenbought, bred, raised or otherwise acquired, inaccordance with local ordinances and State andfederal law for the primary purpose of providingcompanionship to the owner, rather than for businessor agricultural purposes.

Amended 1981, c.167, s.5; 1984, c.184, s.1; 1997,c.6, s.1; 1998, c.100, s.1.

2C:20-1.1. Offense involving access device;presumption of unlawful purpose

6. In any prosecution for an offense enumerated inchapter 20 of Title 2C of the New Jersey Statutesinvolving a defaced access device, any removal,erasure, defacement, alteration, destruction, coveringor other change in such access device from itsoriginal configuration performed by any person otherthan an authorized manufacturer of, or serviceprovider to access devices shall be presumed to befor an unlawful purpose.

L.1997,c.6,s.6.

2C:20-2 Consolidation of theft offenses; grading;provisions applicable to theft generally.

2C:20-2. Consolidation of Theft Offenses; Grading;Provisions Applicable to Theft Generally. a.Consolidation of Theft Offenses. Conductdenominated theft in this chapter constitutes a singleoffense, but each episode or transaction may be thesubject of a separate prosecution and conviction. Acharge of theft may be supported by evidence that itwas committed in any manner that would be theftunder this chapter, notwithstanding the specificationof a different manner in the indictment or accusation,subject only to the power of the court to ensure fairtrial by granting a bill of particulars, discovery, acontinuance, or other appropriate relief where theconduct of the defense would be prejudiced by lackof 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 dangeroussubstance or controlled substance analog as definedin N.J.S.2C:35-2 and the quantity is in excess of onekilogram;

(d)The property stolen is a persons benefits underfederal or State law, or from any other source, whichthe Department of Human Services or an agencyacting on its behalf has budgeted for the personshealth care and the amount involved is $75,000 ormore;or

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

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

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

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

(c)The property stolen is a controlled dangeroussubstance or controlled substance analog as definedin N.J.S.2C:35-2 and the amount involved is lessthan $75,000.00 or is undetermined and the quantityis 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 hiscapacity 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 thekeeping of any public office or public servant;

(h)The property stolen is a persons benefits under



federal or State law, or from any other source, whichthe Department of Human Services or an agencyacting on its behalf has budgeted for the personshealth care and the amount involved is less than$75,000;

(i)The property stolen is any real or personalproperty related to, necessary for, or derived fromresearch, regardless of value, including, but notlimited to, any sample, specimens and componentsthereof, research subject, including any warm-blooded or cold-blooded animals being used forresearch or intended for use in research, supplies,records, data or test results, prototypes or equipment,as well as any proprietary information or other typeof information related to research;

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

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

(3)Theft constitutes a crime of the fourth degree ifthe amount involved is at least $200.00 but does notexceed $500.00. If the amount involved was less than$200.00 the offense constitutes a disorderly personsoffense.

(4)The amount involved in a theft shall bedetermined by the trier of fact. The amount shallinclude, but shall not be limited to, the amount ofany State tax avoided, evaded or otherwise unpaid,improperly retained or disposed of. Amountsinvolved in thefts committed pursuant to one schemeor course of conduct, whether from the same personor several persons, may be aggregated indetermining the grade of the offense.

c.Claim of right. It is an affirmative defense toprosecution for theft that the actor:

(1)Was unaware that the property or service was thatof another;

(2)Acted under an honest claim of right to theproperty or service involved or that he had a right toacquire or dispose of it as he did; or



(3) Took property exposed for sale, intending topurchase and pay for it promptly, or reasonablybelieving that the owner, if present, would haveconsented.

d.Theft from spouse. It is no defense that theft wasfrom the actors spouse, except that misappropriationof household and personal effects, or other propertynormally accessible to both spouses, is theft only if itoccurs after the parties have ceased living together.

Amended 1979, c.178, s.33; 1981, c.167, s.6; 1987,c.76, s.31; 1987, c.106, s.5; 1993, c.219, s.3; 1993,c.363; 1995, c.20, s.5; 1996, c.154, s.9; 1997, c.6,s.2; 1998, c.100, s.2; 1999, c.95, s.2.

2C:20-2.1. Additional penalties for theft or unlawfultaking of motor vehicle 1. a. In addition to any otherdisposition authorized by law, a person convictedunder the provisions of this chapter of theft orunlawful taking of a motor vehicle shall be subject:

(1) For the first offense, to a penalty of $500.00 andto the suspension or postponement of the personslicense to operate a motor vehicle over the highwaysof this State for a period of one year.

(2) For a second offense, to a penalty of $750.00 andto the suspension or postponement of the personslicense to operate a motor vehicle over the highwaysof this State for a period of two years.

(3) For a third or subsequent offense, to a penalty of$1,000.00, and to the suspension or postponement ofthe persons license to operate a motor vehicle overthe highways of this State for 10 years.

b. The suspension or postponement of the personslicense to operate a motor vehicle pursuant tosubsection a. of this section shall commence on theday the sentence is imposed. In the case of anyperson who at the time of the imposition of sentenceis less than 17 years of age, the period of thesuspension of driving privileges authorized herein,including a suspension of the privilege of operating amotorized bicycle, shall commence on the day thesentence is imposed and shall run for a period asfixed by the court of one year for a first offense, two



years for a second offense or 10 years for a thirdoffense calculated from the day after the day theperson reaches the age of 17 years. If the drivingprivilege of any person is under revocation,suspension, or postponement for a violation of anyprovision of this Title or Title 39 of the RevisedStatutes at the time of any conviction or adjudicationof delinquency for a violation of any offense definedin this chapter or chapter 36 of this Title, therevocation, suspension, or postponement periodimposed herein shall commence as of the date oftermination of the existing revocation, suspension, orpostponement.

Upon conviction the court shall collect forthwith theNew Jersey drivers licenses of the person andforward such license or licenses to the Director ofthe Division of Motor Vehicles along with a reportindicating the first and last day of the suspension orpostponement period imposed by the court pursuantto this section. If the court is for any reason unableto collect the license or licenses of the person, thecourt shall cause a report of the conviction oradjudication of delinquency to be filed with thedirector. That report shall include the completename, address, date of birth, eye color, and sex ofthe person and shall indicate the first and last day ofthe suspension or postponement period imposed bythe court pursuant to this section. The court shallinform the person orally and in writing that if theperson is convicted of personally operating a motorvehicle during the period of license suspension orpostponement imposed pursuant to this section theperson shall, upon conviction, be subject to thepenalties set forth in R.S.39:3-40. A person shall berequired to acknowledge receipt of the written noticein writing. Failure to receive a written notice orfailure to acknowledge in writing the receipt of awritten notice shall not be a defense to a subsequentcharge of a violation of R.S.39:3-40. If the person isthe holder of a drivers license from anotherjurisdiction, the court shall not collect the license butshall notify the director who shall notify theappropriate officials in the licensing jurisdiction. Thecourt shall, however, in accordance with theprovisions of this section, revoke the persons non-resident driving privileges in this State.



c. All penalties provided for in this section shall becollected as provided for the collection of fines andrestitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be distributed in accordance with theprovisions of N.J.S.2C:64-6 as if the collectedmonies were the proceeds of property forfeitedpursuant to the provisions of chapter 64. However,the distributed monies are to be used for lawenforcement activities related to auto theft.

L.1991,c.83,s.1; amended 1993,c.219,s.4.

2C:20-2.2. Additional fine for auto theftNotwithstanding the provisions of N.J.S.2C:43-3, ifthe fair market value of the automobile and itscontents at the time it was stolen exceeds $7,500.00and the automobile is not recovered, the court maysentence the defendant to pay a fine for that higheramount.

L.1991,c.83,s.2.

2C:20-3. Theft by unlawful taking or disposition a.Movable property. A person is guilty of theft if heunlawfully takes, or exercises unlawful control over,movable property of another with purpose to deprivehim thereof.

b. Immovable property. A person is guilty of theft ifhe unlawfully transfers any interest in immovableproperty of another with purpose to benefit himselfor another not entitled thereto.

L.1978, c. 95, s. 2C:20-3, eff. Sept. 1, 1979.

2C:20-4. Theft by deception A person is guilty oftheft if he purposely obtains property of another bydeception. A person deceives if he purposely:

a. Creates or reinforces a false impression, includingfalse impressions as to law, value, intention or otherstate of mind; but deception as to a persons intentionto perform a promise shall not be inferred from thefact alone that he did not subsequently perform thepromise;

b. Prevents another from acquiring informationwhich would affect his judgment of a transaction; or



c. Fails to correct a false impression which thedeceiver previously created or reinforced, or whichthe deceiver knows to be influencing another towhom he stands in a fiduciary or confidentialrelationship.

The term "deceive" does not, however, includefalsity as to matters having no pecuniarysignificance, or puffing or exaggeration bystatements unlikely to deceive ordinary persons inthe group addressed.

L.1978, c. 95, s. 2C:20-4, eff. Sept. 1, 1979.

2C:20-5. Theft by extortion A person is guilty oftheft by extortion if he purposely and unlawfullyobtains property of another by extortion. A personextorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine orrestrain anyone or commit any other criminaloffense;

b. Accuse anyone of an offense or cause charges ofan offense to be instituted against any person;

c. Expose or publicize any secret or any assertedfact, whether true or false, tending to subject anyperson to hatred, contempt or ridicule, or to impairhis credit or business repute;

d. Take or withhold action as an official, or cause anofficial to take or withhold action;

e. Bring about or continue a strike, boycott or othercollective action, if the property is not demanded orreceived for the benefit of the group in whoseinterest the actor purports to act;

f. Testify or provide information or withholdtestimony or information with respect to anotherslegal claim or defense; or

g. Inflict any other harm which would notsubstantially benefit the actor but which is calculatedto materially harm another person.

It is an affirmative defense to prosecution based on



paragraphs b, c, d or f that the property obtained washonestly claimed as restitution or indemnification forharm done in the circumstances or as lawfulcompensation for property or services.

L.1978, c. 95, s. 2C:20-5, eff. Sept. 1, 1979.Amended by L.1979, c. 178, s. 34, eff. Sept. 1, 1979.

2C:20-6. Theft of property lost, mislaid, or deliveredby mistake A person who comes into control ofproperty of another that he knows to have been lost,mislaid, or delivered under a mistake as to the natureor amount of the property or the identity of therecipient is guilty of theft if, knowing the identity ofthe owner and with purpose to deprive said ownerthereof, he converts the property to his own use.

L.1978, c. 95, s. 2C:20-6, eff. Sept. 1, 1979.

2C:20-7. Receiving stolen property

2C:20-7. Receiving Stolen Property. a. Receiving. Aperson is guilty of theft if he knowingly receives orbrings into this State movable property of anotherknowing that it has been stolen, or believing that it isprobably stolen. It is an affirmative defense that theproperty was received with purpose to restore it tothe owner. "Receiving" means acquiring possession,control or title, or lending on the security of theproperty.

b. Presumption of knowledge. The requisiteknowledge or belief is presumed in the case of aperson who:

(1) Is found in possession or control of two or moreitems of property stolen on two or more separateoccasions; or

(2) Has received stolen property in anothertransaction within the year preceding the transactioncharged; or

(3) Being a person in the business of buying orselling property of the sort received, acquires theproperty without having ascertained by reasonableinquiry that the person from whom he obtained ithad a legal right to possess and dispose of it ;or



(4) Is found in possession of two or more defacedaccess devices.

Amended 1979, c.178, s.35; 1981, c.290, s.19; 1997,c.6, s.3.

2C:20-7.1. Fencing a. Possession of altered property.Any dealer in property who knew or should haveknown that the identifying features such as serialnumbers and permanently affixed labels of propertyin his possession have been removed or alteredwithout the consent of the manufacturer is guilty ofpossession of altered property. It is a defense to aprosecution under this subsection that a personlawfully possesses the usual indicia of ownership inaddition to mere possession.

b. Dealing in stolen property. A person is guilty ofdealing in stolen property if he traffics in, orinitiates, organizes, plans, finances, directs, managesor supervises trafficking in stolen property.

c. The value of the property involved in the violationof this section shall be determined by the trier offact. The value of the property involved in theviolation of this section may be aggregated indetermining the grade of the offense where the actsor conduct constituting a violation were committedpursuant to one scheme or course of conduct,whether from the same person or several persons.

d. It is an affirmative defense to a prosecution underthis section that the actor:

(1) Was unaware that the property or service wasthat of another;

(2) Acted under an honest claim of right to theproperty or service involved or that he had a right toacquire 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 availablein the prosecution for a fencing offense:

(1) Proof of the purchase or sale of property at aprice substantially below its fair market value, unlesssatisfactorily explained, gives rise to an inference



that the person buying or selling the property knewthat it had been stolen;

(2) Proof of the purchase or sale of property by adealer in that property, out of the regular course ofbusiness, or without the usual indicia of ownershipother than mere possession, or the property or the joblot 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 allcases where the regular course of businessreasonably indicates records of purchase, transfer orsale, unless satisfactorily explained, gives rise to aninference that the person buying or selling theproperty knew that it had been stolen; and

(3) Proof that a person buying or selling property ofthe sort received obtained such property withouthaving ascertained by reasonable inquiry that theperson from whom he obtained it had a legal right topossess or control it gives rise to an inference thatsuch person knew that it had been stolen.

L.1981, c. 167, s. 7, eff. June 15, 1981.

2C:20-8. Theft of services

2C:20-8. Theft of Services. a. A person is guilty oftheft if he purposely obtains services which heknows are available only for compensation, bydeception or threat, or by false token, slug, or othermeans, including but not limited to mechanical orelectronic devices or through fraudulent statements,to avoid payment for the service. "Services" includelabor or professional service; transportation,telephone, telecommunications, electric, water, gas,cable television, or other public service;accommodation in hotels, restaurants or elsewhere;entertainment; admission to exhibitions; use ofvehicles or other movable property. Wherecompensation for service is ordinarily paidimmediately upon the rendering of such service, asin the case of hotels and restaurants, abscondingwithout payment or offer to pay gives rise to apresumption that the service was obtained bydeception as to intention to pay.



b. A person commits theft if, having control over thedisposition of services of another, to which he is notentitled, he knowingly diverts such services to hisown benefit or to the benefit of another not entitledthereto.

c. Any person who, without permission and for thepurpose of obtaining electric current, gas or waterwith intent to defraud any vendor of electricity, gasor water or a person who is furnished by a vendorwith electric current, gas or water:

(1) Connects or causes to be connected by wire orany other device with the wires, cables or conductorsof any such vendor or any other person; or

(2) Connects or disconnects the meters, pipes orconduits of such vendor or any other person or inany other manner tampers or interferes with suchmeters, pipes or conduits, or connects with suchmeters, pipes or conduits by pipes, conduits or otherinstruments--is guilty of a disorderly personsoffense.

The existence of any of the conditions with referenceto meters, pipes, conduits or attachments, describedin this subsection, is presumptive evidence that theperson to whom gas, electricity or water is at thetime being furnished by or through such meters,pipes, conduits or attachments has, with intent todefraud, created or caused to be created withreference to such meters, pipes, conduits orattachments, the condition so existing; provided,however, that the presumption shall not apply to anyperson so furnished with gas, electricity or water forless than 31 days or until there has been at least onemeter reading.

A violation of this subsection shall be deemed to bea continuing offense as long as the conditionsdescribed in this subsection exist.

d. Any person who, without permission or authority,connects or causes to be connected by wires or otherdevices, any meter erected or set up for the purposeof registering or recording the amount of electriccurrent supplied to any customer by any vendor ofelectricity within this State, or changes or shunts the



wiring leading to or from any such meter, or by anydevice, appliance or means whatsoever tampers withany such meter so that the meter will not measure orrecord the full amount of electric current supplied tosuch customer, is guilty of a disorderly personsoffense.

The existence of any of the conditions with referenceto meters or attachments described in this subsectionis presumptive evidence that the person to whomelectricity is at the time being furnished by orthrough such meters or attachments has, with intentto defraud, created or caused to be created withreference to such meters or attachments, thecondition so existing; provided, however, that thepresumption shall not apply to any person sofurnished with electricity for less than 31 days oruntil there has been at least one meter reading.

A violation of this subsection shall be deemed to bea continuing offense as long as the conditionsdescribed in this subsection exist.

e. Any person who, with intent to obtain cabletelevision service without payment, in whole or inpart, of the lawful charges therefor, or with intent todeprive another of the lawful receipt of such service,damages, cuts, tampers with, installs, taps or makesany connection with, or who displaces, removes,injures or destroys any wire, cable, conduit,apparatus or equipment of a cable televisioncompany operating a CATV system; or who, withoutauthority of a cable television company, intentionallyprevents, obstructs or delays, by any means orcontrivance, the sending, transmission, conveyance,distribution or receipt of programming materialcarried by equipment of the cable televisioncompany operating a CATV system, is a disorderlyperson.

The existence of any of the conditions with referenceto wires, cables, conduits, apparatus or equipmentdescribed in this subsection is presumptive evidencethat the person to whom cable television service is atthe time being furnished has, with intent to obtaincable television service without authorization orcompensation or to otherwise defraud, created orcaused to be created the condition so existing.



f. Any person who purposely or knowinglymanufactures, constructs, sells, offers for sale,distributes or installs any equipment, device orinstrument designed or intended to facilitate theinterception, decoding or receipt of any cabletelevision service with intent to obtain such serviceand avoid the lawful payment of the charges thereforto the provider, in whole or in part, is a disorderlyperson.

Any communications paraphernalia prohibited underthis subsection shall be subject to forfeiture and maybe seized by the State or any law enforcement officerin accordance with the provisions of N.J.S.2C:64-1et seq.

g. Any person who purposely or knowinglymaintains or possesses any equipment, device orinstrument of the type described in subsection f. ofthis section or maintains or possesses anyequipment, device or instrument actually used tofacilitate the interception, decoding or receipt of anycable television service with intent to obtain suchservice and avoid the lawful payment, in whole or inpart, of the charges therefor to the provider, is adisorderly person.

Any communications paraphernalia prohibited underthis subsection shall be subject to forfeiture and maybe seized by the State or any law enforcement officerin accordance with the provisions of N.J.S.2C:64-1et seq.

h. Any person who, with the intent of depriving atelephone company of its lawful charges therefor,purposely or knowingly makes use of anytelecommunications service by means of theunauthorized use of any electronic or mechanicaldevice or connection, or by the unauthorized use ofbilling information, or by the use of a computer,computer equipment or computer software, or by theuse of misidentifying or misleading informationgiven to a representative of the telephone company isguilty of a crime of the third degree.

The existence of any of the conditions with referenceto electronic or mechanical devices, computers,



computer equipment or computer software describedin this subsection is presumptive evidence that theperson to whom telecommunications service is at thetime being furnished has, with intent to obtaintelecommunications service without authorization orcompensation or to otherwise defraud, created orcaused to be created the condition so existing.

i. Any person who purposely or knowinglymanufactures, constructs, sells, offers for sale,distributes, installs, or otherwise provides anyservice, equipment, device, computer, computerequipment, computer software or instrumentdesigned or intended to facilitate the receipt of anytelecommunications service and avoid the lawfulpayment of the charges therefor to the provider, inwhole or in part, is guilty of a crime of the thirddegree.

Any communications paraphernalia, computer,computer equipment or computer software prohibitedunder this subsection shall be subject to forfeitureand may be seized by the State or any lawenforcement officer in accordance with theprovisions of N.J.S.2C:64-1 et seq.

j. Any person who purposely or knowingly maintainsor possesses any equipment, device, computer,computer equipment, computer software orinstrument of the type described in subsection i. ofthis section, or maintains or possesses anyequipment, device, computer, computer equipment,computer software or instrument actually used tofacilitate the receipt of any telecommunicationsservice with intent to obtain such service and avoidthe lawful payment, in whole or in part, of thecharges therefor to the provider, is guilty of a crimeof the third degree.

Any communications paraphernalia, computer,computer equipment or computer software prohibitedunder this subsection shall be subject to forfeitureand may be seized by the State or any lawenforcement officer in accordance with theprovisions of N.J.S.2C:64-1 et seq.

k. In addition to any other disposition authorized bylaw, and notwithstanding the provisions of



N.J.S.2C:43-3, every person who violates thissection shall be sentenced to make restitution to thevendor and to pay a minimum fine of $500.00 foreach offense. In determining the amount ofrestitution, the court shall consider the costsexpended by the vendor, including but not limited tothe repair and replacement of damaged equipment,the cost of the services unlawfully obtained,investigation expenses, and attorney fees.

l. The presumptions of evidence applicable tooffenses defined in subsections c., d., e. and h. ofthis section shall also apply in any prosecution fortheft of services brought pursuant to the provisionsof subsection a. or b. of this section.

Amended 1983, c.15, s.1; 1985, c.10; 1989, c.112;1997, c.6, s.4.

2C:20-9. Theft by failure to make requireddisposition of property received Theft by Failure toMake Required Disposition of Property Received. Aperson who purposely obtains or retains propertyupon agreement or subject to a known legalobligation to make specified payment or otherdisposition, whether from such property or itsproceeds or from his own property to be reserved inequivalent amount, is guilty of theft if he deals withthe property obtained as his own and fails to makethe required payment or disposition. The foregoingapplies notwithstanding that it may be impossible toidentify particular property as belonging to thevictim at the time of the actors failure to make therequired payment or disposition. An officer oremployee of the government or of a financialinstitution is presumed: (a) to know any legalobligation relevant to his criminal liability under thissection, and (b) to have dealt with the property as hisown if he fails to pay or account upon lawfuldemand, or if an audit reveals a shortage orfalsification of accounts. The fact that any paymentor other disposition was made with a subsequentlydishonored negotiable instrument shall constituteprima facie evidence of the actors failure to make therequired payment or disposition, and the trier of factmay draw a permissive inference therefrom that theactor did not intend to make the required payment or



other disposition.

Amended by L. 1987, c. 76, s. 32.

2C:20-10. Unlawful taking of means of conveyance.

2C:20-10. Unlawful Taking of Means ofConveyance

a. A person commits a disorderly persons offense if,with purpose to withhold temporarily from theowner, he takes, operates, or exercises control overany means of conveyance, other than a motorvehicle, without consent of the owner or other personauthorized to give consent. "Means of conveyance"includes but is not limited to motor vehicles,bicycles, motorized bicycles, boats, horses, vessels,surfboards, rafts, skimobiles, airplanes, trains, tramsand trailers. It is an affirmative defense toprosecution under subsections a., b. and c. of thissection that the actor reasonably believed that theowner or any other person authorized to give consentwould have consented to the operation had he knownof it.

b. A person commits a crime of the fourth degree if,with purpose to withhold temporarily from theowner, he takes, operates or exercises control over amotor vehicle without the consent of the owner orother person authorized to give consent.

c. A person commits a crime of the third degree if,with purpose to withhold temporarily from theowner, he takes, operates or exercises control over amotor vehicle without the consent of the owner orother person authorized to give consent and operatesthe motor vehicle in a manner that creates a risk ofinjury to any person or a risk of damage to property.

d. A person commits a crime of the fourth degree ifhe enters and rides in a motor vehicle knowing thatthe motor vehicle has been taken or is beingoperated without the consent of the owner or otherperson authorized to consent.

Amended 1979,c.178,s.35A; 1993,c.134.

2C:20-11 Shoplifting



Consequences of a Criminal Guilty Plea

1. You will have to appear in open court and tell thejudge what you did that makes you guilty of theparticular offense(s)

2. Do you understand that if you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

c. You will have to pay Fines and CourtCosts.

3. If you are on Probation, you will have to submit torandom drug and urine testing. If you violateProbation, you often go to jail.

4. In indictable matters, you will be required toprovide a DNA sample, which could be used by lawenforcement for the investigation of criminal activity,and pay for the cost of testing.

5. You must pay restitution if the court finds there isa victim who has suffered a loss and if the courtfinds that you are able or will be able in the future topay restitution.

6. If you are a public office holder or employee, youcan be required to forfeit your office or job by virtueof your plea of guilty.

7. If you are not a United States citizen or national,you may be deported by virtue of your plea of guilty.

8. You must wait 5-10 years to expunge a firstoffense. 2C:52-3

9. You could be put on Probation.

10. In Drug Cases, a mandatory DEDR penalty of$500-$1,000, and lose your drivers license for 6months - 2years. You must pay a Law EnforcementOfficers Training and Equipment Fund penalty of$30.

11. You may be required to do Community Service.



12. You must pay a minimum Violent CrimesCompensation Board assessment of $50 ($100minimum if you are convicted of a crime ofviolence) for each count to which you plead guilty.

13. You must pay a $75 Safe Neighborhood ServicesFund assessment for each conviction.

14. If you are being sentenced to probation, you mustpay a fee of up to $25 per month for the term ofprobation.

15. You lose the presumption against incarceration infuture cases. 2C:44-1

16. You may lose your right to vote.

The defense of a person charged with a criminaloffense is not impossible. There are a number ofviable defenses and arguments which can be pursuedto achieve a successful result. Advocacy,commitment, and persistence are essential todefending a client accused of a criminal offense.

Jail for Crimes and Disorderly Conduct:

If someone pleads Guilty or is found Guilty of acriminal offense, the following is the statutoryPrison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the firstdegree, for a specific term of years which shall befixed by the court and shall be between 10 years and20 years;

(2) In the case of a crime of the second degree, for aspecific term of years which shall be fixed by thecourt and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for aspecific term of years which shall be fixed by thecourt and shall be between three years and fiveyears;

(4) In the case of a crime of the fourth degree, for aspecific term which shall be fixed by the court andshall not exceed 18 months.



2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has beenconvicted of an offense may be sentenced to pay afine, to make restitution, or both, such fine not toexceed:

a. (1) $200,000.00 when the conviction is of a crimeof the first degree;

(2) $150,000.00 when the conviction is of a crime ofthe second degree;

b. (1) $15,000.00 when the conviction is of a crimeof the third degree;

(2) $10,000.00 when the conviction is of a crime ofthe fourth degree;

c. $1,000.00, when the conviction is of a disorderlypersons offense;

d. $500.00, when the conviction is of a pettydisorderly persons offense;

If facing any criminal charge, retain an experiencedattorney immediately to determine you rights andobligations to the court. Current criminal chargeresearched by Kenneth Vercammen, Esq. 732-572-0500

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Criminal and Motor vehicle violations can cost you. You will have topay fines in court or receive points on your drivers license. Anaccumulation of too many points, or certain moving violations mayrequire you to pay expensive surcharges to the N.J. DMV [Divisionof Motor Vehicles] or have your license suspended. Dont give up!The Law Office of Kenneth Vercammen can provide experiencedattorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facingthousands of dollars in fines, DMV surcharges and car insuranceincreases, you need excellent legal representation. The leastexpensive attorney is not always the answer. Schedule anappointment if you need experienced legal representation in atraffic/municipal court matter.

Our website www.njlaws.com provides information on trafficoffenses we can be retained to represent people. Our website alsoprovides details on jail terms for traffic violations and car insuranceeligibility points. Car insurance companies increase rates or dropcustomers based on moving violations.

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Documents

NJSA 2C:20-2 Theft of Movable Property