2C:20-11 Shoplifting
a.
Definitions.
The following definitions apply to this section:
(1)
"Shopping
cart" means those push carts of the type or types which are
commonly provided by grocery stores, drug stores or other retail
mercantile establishments for the use of the public in transporting
commodities in stores and markets and, incidentally, from the
stores to a place outside the store;
(2)
"Store or
other retail mercantile establishment" means a place where
merchandise is displayed, held, stored or sold or offered to the
public for sale;
(3)
"Merchandise"
means any goods, chattels, foodstuffs or wares of any type and
description, regardless of the value thereof;
(4)
"Merchant"
means any owner or operator of any store or other retail mercantile
establishment, or any agent, servant, employee, lessee, consignee,
officer, director, franchisee or independent contractor of such
owner or proprietor;
(5)
"Person" means
any individual or individuals, including an agent, servant or
employee of a merchant where the facts of the situation so require;
(6)
"Conceal"
means to conceal merchandise so that, although there may be some
notice of its presence, it is not visible through ordinary
observation;
(7)
"Full retail
value" means the merchant's stated or advertised price of the
merchandise;
(8)
"Premises of a
store or retail mercantile establishment" means and includes but is
not limited to, the retail mercantile establishment; any common use
areas in shopping centers and all parking areas set aside by a
merchant or on behalf of a merchant for the parking of vehicles for
the convenience of the patrons of such retail mercantile
establishment;
(9)
"Under-ring"
means to cause the cash register or other sale recording device to
reflect less than the full retail value of the merchandise;
(10) "Antishoplifting
or inventory control device countermeasure" means any item or device
which is designed, manufactured, modified, or altered to defeat any
antishoplifting or inventory control device;
(11)
"Organized retail theft enterprise" means any association of two or
more persons who engage in the conduct of or are associated for the
purpose of effectuating the transfer or sale of shoplifted
merchandise.
b.
Shoplifting.
Shoplifting shall consist of any one or more of the following acts:
(1)
For any person
purposely to take possession of, carry away, transfer or cause to be
carried away or transferred, any merchandise displayed, held, stored
or offered for sale by any store or other retail mercantile
establishment with the intention of depriving the merchant of the
possession, use or benefit of such merchandise or converting the
same to the use of such person without paying to the merchant the
full retail value thereof.
(2)
For any person
purposely to conceal upon his person or otherwise any merchandise
offered for sale by any store or other retail mercantile
establishment with the intention of depriving the merchant of the
processes, use or benefit of such merchandise or converting the same
to the use of such person without paying to the merchant the value
thereof.
(3)
For any person
purposely to alter, transfer or remove any label, price tag or
marking indicia of value or any other markings which aid in
determining value affixed to any merchandise displayed, held, stored
or offered for sale by any store or other retail mercantile
establishment and to attempt to purchase such merchandise personally
or in consort with another at less than the full retail value with
the intention of depriving the merchant of all or some part of the
value thereof.
(4)
For any person
purposely to transfer any merchandise displayed, held, stored or
offered for sale by any store or other retail merchandise
establishment from the container in or on which the same shall be
displayed to any other container with intent to deprive the merchant
of all or some part of the retail value thereof.
(5)
For any person
purposely to under-ring with the intention of depriving the merchant
of the full retail value thereof.
(6)
For any person
purposely to remove a shopping cart from the premises of a store or
other retail mercantile establishment without the consent of the
merchant given at the time of such removal with the intention of
permanently depriving the merchant of the possession, use or benefit
of such cart.
c.
Gradation.
(1) Shoplifting constitutes a crime of the second degree under
subsection b. of this section if the full retail value of the
merchandise is $75,000 or more, or the offense is committed in
furtherance of or in conjunction with an organized retail theft
enterprise and the full retail value of the merchandise is $1,000 or
more.
(2)
Shoplifting
constitutes a crime of the third degree under subsection b. of this
section if the full retail value of the merchandise exceeds $500 but
is less than $75,000, or the offense is committed in furtherance of
or in conjunction with an organized retail theft enterprise and the
full retail value of the merchandise is less than $1,000.
(3)
Shoplifting
constitutes a crime of the fourth degree under subsection b. of this
section if the full retail value of the merchandise is at least $200
but does not exceed $500.
(4)
Shoplifting is
a disorderly persons offense under subsection b. of this section if
the full retail value of the merchandise is less than $200.
The value of
the merchandise involved in a 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, or were committed in furtherance of or in conjunction with
an organized retail theft enterprise.
Additionally,
notwithstanding the term of imprisonment provided in N.J.S.2C:43-6
or 2C:43-8, any person convicted of a shoplifting offense shall be
sentenced to perform community service as follows: for a first
offense, at least ten days of community service; for a second
offense, at least 15 days of community service; and for a third or
subsequent offense, a maximum of 25 days of community service and
any person convicted of a third or subsequent shoplifting offense
shall serve a minimum term of imprisonment of not less than 90 days.
d.
Presumptions.
Any person purposely concealing unpurchased merchandise of any store
or other retail mercantile establishment, either on the premises or
outside the premises of such store or other retail mercantile
establishment, shall be prima facie presumed to have so concealed
such merchandise with the intention of depriving the merchant of the
possession, use or benefit of such merchandise without paying the
full retail value thereof, and the finding of such merchandise
concealed upon the person or among the belongings of such person
shall be prima facie evidence of purposeful concealment; and if such
person conceals, or causes to be concealed, such merchandise upon
the person or among the belongings of another, the finding of the
same shall also be prima facie evidence of willful concealment on
the part of the person so concealing such merchandise.
e.
A law
enforcement officer, or a special officer, or a merchant, who has
probable cause for believing that a person has willfully concealed
unpurchased merchandise and that he can recover the merchandise by
taking the person into custody, may, for the purpose of attempting
to effect recovery thereof, take the person into custody and detain
him in a reasonable manner for not more than a reasonable time, and
the taking into custody by a law enforcement officer or special
officer or merchant shall not render such person criminally or
civilly liable in any manner or to any extent whatsoever.
Any law
enforcement officer may arrest without warrant any person he has
probable cause for believing has committed the offense of
shoplifting as defined in this section.
A merchant who
causes the arrest of a person for shoplifting, as provided for in
this section, shall not be criminally or civilly liable in any
manner or to any extent whatsoever where the merchant has probable
cause for believing that the person arrested committed the offense
of shoplifting.
f.
Any person who
possesses or uses any antishoplifting or inventory control device
countermeasure within any store or other retail mercantile
establishment is guilty of a disorderly persons offense.
Amended 1979,
c.178, s.35B; 1997, c.319; 2000, c.16, s.1; 2006, c.56, s.1
