| If
someone is criminally indicted for theft, at trial the judge will
read to the jurors the following jury instructions of the law:
The following charge is to be used when the factual circumstances
indicate an unlawful taking of personal property and the value of
the property is in dispute. In other instances, reference must be
made to 2C:20-2b to determine the degree of theft. See Charge #
2.291 on GRADATION OF THEFT OFFENSES. Note that 2C:20-2b(2) makes
some offenses of the third degree regardless of the value of the
property).
The indictment charges the defendant with (here read the indictment)
. The statute on which the indictment is based is 2C:20-3a which
reads in its pertinent part as follows:
A person is guilty of theft if he unlawfully takes, or exercises
control over movable property of another with purpose to deprive
him thereof.
(If appropriate, here define "movable property, "property"
and "property of another.")
You cannot find the defendant guilty unless you determine that
the State has proven the following two elements beyond a reasonable
doubt:
First, the State must prove that the defendant unlawfully took
(here describe property listed in indictment). In order to prove
an unlawful taking, the State need not prove that the property was
carried out of the place in which it was kept, but only that it
was moved or taken from its original location. If the defendant
is found with the stolen property shortly after it was taken, charge
the jury that it may draw an inference that the defendant took the
property).
Second, the State must prove that at the time the defendant took
this property (his/her) purpose was to deprive the owner of the
(here describe property). With regard to the requirement of proof
of a purpose to deprive another of (his/her) property, you are instructed
that a person acts purposely with respect to the nature of (his/her)
conduct or a result thereof if it is (his/her) conscious object
to engage in conduct of that nature or to cause such a result. In
other words, in order for you to find that the defendant acted purposely,
the State must prove beyond a reasonable doubt that at the time
the defendant took the property it was (his/her) conscious object
to deprive (the owner) of (describe property).
(If appropriate, insert relevant portions of the following definition.)
"Deprive" means
(1) to withhold (or cause to be withheld) property of another permanently
or for so extended a period as to appropriate a substantial portion
of its economic value...or,
(2) to dispose (or cause disposal) of the property so as to make
it unlikely that the owner will recover it).
Thus, if you find after a careful consideration of all of the evidence
that the State has proven beyond a reasonable doubt each of the
elements as I have explained them, then your verdict should be guilty.
However, if the State has not proven each of the elements described
above to your satisfaction beyond a reasonable doubt, then your
verdict should be not guilty.
1 N.J.S.A. 2C:20-1e - "Movable Property" means property
the location of which can be changed, including things growing on,
affixed to, or found in land, and documents, although the rights
represented thereby have no physical location. Unless the character
of the property unlawfully taken is in dispute, the Court may instruct
the jury that the property so taken is "(movable) property"
under the statute.
N.J.S.A. 2C:20-1g - "Property" means anything of value
including real estate, tangible and intangible personal property,
trade secrets, contract rights, chooses-in-action and other interests
in or claims to wealth, admission or transportation tickets, captured
or domestic animals, food and drink, electric, gas, steam or other
power.
N.J.S.A. 2C:20-1b - "Property of Another" includes property
in which any person other than the actor has an interest which the
actor is not privileged to infringe, regardless of the fact that
the actor also has an 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 of the 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 a different
meaning plainly is required:
a."Deprive" means: (1) to withhold or cause to be withheld
property of another permanently or for so extended a period as to
appropriate a substantial portion of its economic value, or with
purpose to restore only upon payment of reward or other compensation;
or (2) to dispose or cause disposal of the property so as to make
it unlikely that the owner will recover it.
b."Fiduciary" means an executor, general administrator
of an intestate, administrator with the will annexed, substituted
administrator, guardian, substituted guardian, trustee under any
trust, express, implied, resulting or constructive, substituted
trustee, executor, conservator, curator, receiver, trustee in bankruptcy,
assignee for the benefit of creditors, partner, agent or officer
of a corporation, public or private, temporary administrator, administrator,
administrator pendente lite, administrator ad prosequendum, administrator
ad litem or other person acting in a similar capacity.
c."Financial institution" means a bank, insurance company,
credit union, savings and loan association, investment trust or
other organization held out to the public as a place of deposit
of funds or medium of savings or collective investment.
d."Government" means the United States, any state, county,
municipality, or other political unit, or any department, agency
or subdivision of any of the foregoing, or any corporation or other
association carrying out the functions of government.
e."Movable property" means property the location of which
can be changed, including things growing on, affixed to, or found
in land, and documents, although the rights represented thereby
have no physical location. "Immovable property" is all
other property.
f."Obtain" means: (1) in relation to property, to bring
about a transfer or purported transfer of a legal interest in the
property, whether to the obtainer or another; or (2) in relation
to labor or service, to secure performance thereof.
g."Property" means anything of value, including real
estate, tangible and intangible personal property, trade secrets,
contract rights, choses in action and other 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, and computer software, in either
human readable or computer readable form, copies or originals.
h."Property of another" includes property in which any
person other than the actor has an interest which the actor is not
privileged to infringe, regardless of the fact that the actor also
has an interest in the property and regardless of the fact that
the other person might be precluded from civil recovery because
the property was used in an unlawful transaction or was subject
to forfeiture as contraband. Property in possession of the actor
shall not be deemed property of another who has only a security
interest therein, even if legal title is in the creditor pursuant
to a conditional sales contract or other security agreement.
i."Trade secret" means the whole or any portion or phase
of any scientific or technical information, design, process, procedure,
formula or improvement which is secret and of value. A trade secret
shall be presumed to be secret when the owner thereof takes measures
to prevent it from becoming available to persons other than those
selected by the owner to have access thereto for limited purposes.
j."Dealer in property" means a person who buys and sells
property as a business.
k."Traffic" means:
(1)To sell, transfer, distribute, dispense or otherwise dispose
of property to another person; or
(2)To buy, receive, possess, or obtain control of or use property,
with intent to sell, transfer, distribute, dispense or otherwise
dispose of such property to another person.
l."Broken succession of title" means lack of regular
documents of purchase and transfer by any seller except the manufacturer
of the subject property, or possession of documents of purchase
and transfer by any buyer without corresponding documents of sale
and transfer in possession of seller, or possession of documents
of sale and transfer by seller without corresponding documents of
purchase and transfer in possession of any buyer.
m."Person" includes any individual or entity or enterprise,
as defined herein, holding or capable of holding a legal or beneficial
interest in property.
n."Anything of value" means any direct or indirect gain
or advantage to any person.
o."Interest in property which has been stolen" means
title or right of possession to such property.
p."Stolen property" means property that has been the
subject of any unlawful taking.
q."Enterprise" includes any individual, sole proprietorship,
partnership, corporation, business trust, association, or other
legal entity, and any union or group of individuals associated in
fact, although not a legal entity, and it includes illicit as well
as licit enterprises and governmental as well as other entities.
r."Attorney General" includes the Attorney General of
New Jersey, his assistants and deputies. The term shall also include
a county prosecutor or his designated assistant prosecutor, if a
county prosecutor is expressly authorized in writing by the Attorney
General to carry out the powers conferred on the Attorney General
by this chapter.
s."Access device" means property consisting of any telephone
calling card number, credit card number, account number, mobile
identification number, electronic serial number, personal identification
number, or any other data intended to control or limit access to
telecommunications or other computer networks in either human readable
or computer readable form, either copy or original, that can be
used 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 or otherwise changed in any manner from its original configuration.
u."Domestic companion animal" means any animal commonly
referred to as a pet or one that has been bought, bred, raised or
otherwise acquired, in accordance with local ordinances and State
and federal law for the primary purpose of providing companionship
to the owner, rather than for business or 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 in chapter 20 of
Title 2C of the New Jersey Statutes involving a defaced access device,
any removal, erasure, defacement, alteration, destruction, covering
or other change in such access device from its original configuration
performed by any person other than an authorized manufacturer of,
or service provider to access devices shall be presumed to be for
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. Conduct
denominated theft 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 may be supported by
evidence that it was committed in any manner that would be theft
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 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;
(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.
(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.
(4)The amount involved in a theft 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 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 was from the actor's
spouse, except that misappropriation of household and personal effects,
or other property normally accessible to both spouses, is theft
only if it occurs 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 unlawful taking of
motor vehicle 1. a. In addition to any other disposition authorized
by law, a person convicted under the provisions of this chapter
of theft or unlawful taking of a motor vehicle shall be subject:
(1) For the first offense, to a penalty of $500.00 and to the suspension
or postponement of the person's license to operate a motor vehicle
over the highways of this State for a period of one year.
(2) For a second offense, to a penalty of $750.00 and to the suspension
or postponement of the person's license to operate a motor vehicle
over the highways of 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 of the person's license to
operate a motor vehicle over the highways of this State for 10 years.
b. The suspension or postponement of the person's license to operate
a motor vehicle pursuant to subsection a. of this section shall
commence on the day the sentence is imposed. In the case of any
person who at the time of the imposition of sentence is less than
17 years of age, the period of the suspension of driving privileges
authorized herein, including a suspension of the privilege of operating
a motorized bicycle, shall commence on the day the sentence is imposed
and shall run for a period as fixed by the court of one year for
a first offense, two years for a second offense or 10 years for
a third offense calculated from the day after the day the person
reaches the age of 17 years. If the driving privilege of any person
is under revocation, suspension, or postponement for a violation
of any provision of this Title or Title 39 of the Revised Statutes
at the time of any conviction or adjudication of delinquency for
a violation of any offense defined in this chapter or chapter 36
of this Title, the revocation, suspension, or postponement period
imposed herein shall commence as of the date of termination of the
existing revocation, suspension, or postponement.
Upon conviction the court shall collect forthwith the New Jersey
driver's licenses of the person and forward such license or licenses
to the Director of the Division of Motor Vehicles along with a report
indicating the first and last day of the suspension or postponement
period imposed by the court pursuant to this section. If the court
is for any reason unable to collect the license or licenses of the
person, the court shall cause a report of the conviction or adjudication
of delinquency to be filed with the director. That report shall
include the complete name, address, date of birth, eye color, and
sex of the person and shall indicate the first and last day of the
suspension or postponement period imposed by the court pursuant
to this section. The court shall inform the person orally and in
writing that if the person is convicted of personally operating
a motor vehicle during the period of license suspension or postponement
imposed pursuant to this section the person shall, upon conviction,
be subject to the penalties set forth in R.S.39:3-40. A person shall
be required to acknowledge receipt of the written notice in writing.
Failure to receive a written notice or failure to acknowledge in
writing the receipt of a written notice shall not be a defense to
a subsequent charge of a violation of R.S.39:3-40. If the person
is the holder of a driver's license from another jurisdiction, the
court shall not collect the license but shall notify the director
who shall notify the appropriate officials in the licensing jurisdiction.
The court shall, however, in accordance with the provisions of this
section, revoke the person's non-resident driving privileges in
this State.
c. All penalties provided for in this section shall be collected
as provided for the collection of fines and restitutions in section
3 of P.L.1979, c.396 (C.2C:46-4), and shall be distributed in accordance
with the provisions of N.J.S.2C:64-6 as if the collected monies
were the proceeds of property forfeited pursuant to the provisions
of chapter 64. However, the distributed monies are to be used for
law enforcement 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 theft Notwithstanding the provisions
of N.J.S.2C:43-3, if the fair market value of the automobile and
its contents at the time it was stolen exceeds $7,500.00 and the
automobile is not recovered, the court may sentence the defendant
to pay a fine for that higher amount.
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 he unlawfully takes, or exercises
unlawful control over, movable property of another with purpose
to deprive him thereof.
b. Immovable property. A person is guilty of theft if he unlawfully
transfers any interest in immovable property of another with purpose
to benefit himself or 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 of theft if he purposely
obtains property of another by deception. A person deceives if he
purposely:
a. Creates or reinforces a false impression, including false impressions
as to law, value, intention or other state of mind; but deception
as to a person's intention to perform a promise shall not be inferred
from the fact alone that he did not subsequently perform the promise;
b. Prevents another from acquiring information which would affect
his judgment of a transaction; or
c. Fails to correct a false impression which the deceiver previously
created or reinforced, or which the deceiver knows to be influencing
another to whom he stands in a fiduciary or confidential relationship.
The term "deceive" does not, however, include falsity
as to matters having no pecuniary significance, or puffing or exaggeration
by statements unlikely to deceive ordinary persons in the group
addressed.
L.1978, c. 95, s. 2C:20-4, eff. Sept. 1, 1979.
2C:20-5. Theft by extortion A person is guilty of theft by extortion
if he purposely and unlawfully obtains property of another by extortion.
A person extorts if he purposely threatens to:
a. Inflict bodily injury on or physically confine or restrain anyone
or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to
be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether
true or false, tending to subject any person to hatred, contempt
or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official
to take or withhold action;
e. Bring about or continue a strike, boycott or other collective
action, if the property is not demanded or received for the benefit
of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
g. Inflict any other harm which would not substantially benefit
the actor but which is calculated to materially harm another person.
It is an affirmative defense to prosecution based on paragraphs
b, c, d or f that the property obtained was honestly claimed as
restitution or indemnification for harm done in the circumstances
or as lawful compensation 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 delivered by mistake
A person who comes into control of property of another that he knows
to have been lost, mislaid, or delivered under a mistake as to the
nature or amount of the property or the identity of the recipient
is guilty of theft if, knowing the identity of the owner and with
purpose to deprive said owner thereof, 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. A person is guilty
of theft if he knowingly receives or brings into this State movable
property of another knowing that it has been stolen, or believing
that it is probably stolen. It is an affirmative defense that the
property was received with purpose to restore it to the owner. "Receiving"
means acquiring possession, control or title, or lending on the
security of the property.
b. Presumption of knowledge. The requisite knowledge or belief
is presumed in the case of a person who:
(1) Is found in possession or control of two or more items of property
stolen on two or more separate occasions; or
(2) Has received stolen property in another transaction within
the year preceding the transaction charged; or
(3) Being a person in the business of buying or selling property
of the sort received, acquires the property without having ascertained
by reasonable inquiry that the person from whom he obtained it had
a legal right to possess and dispose of it ;or
(4) Is found in possession of two or more defaced access 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 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.
2C:20-8. Theft of services
2C:20-8. Theft of Services. a. A person is guilty of theft if he
purposely obtains services which he knows are available only for
compensation, by deception or threat, or by false token, slug, or
other means, including but not limited to mechanical or electronic
devices or through fraudulent statements, to avoid payment for the
service. "Services" include labor 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 of vehicles or other movable property. Where compensation for
service is ordinarily paid immediately upon the rendering of such
service, as in the case of hotels and restaurants, absconding without
payment or offer to pay gives rise to a presumption that the service
was obtained by deception as to intention to pay.
b. A person commits theft if, having control over the disposition
of services of another, to which he is not entitled, he knowingly
diverts such services to his own benefit or to the benefit of another
not entitled thereto.
c. Any person who, without permission and for the purpose of obtaining
electric current, gas or water with intent to defraud any vendor
of electricity, gas or water or a person who is furnished by a vendor
with electric current, gas or water:
(1) Connects or causes to be connected by wire or any other device
with the wires, cables or conductors of any such vendor or any other
person; or
(2) Connects or disconnects the meters, pipes or conduits of such
vendor or any other person or in any other manner tampers or interferes
with such meters, pipes or conduits, or connects with such meters,
pipes or conduits by pipes, conduits or other instruments--is guilty
of a disorderly persons offense.
The existence of any of the conditions with reference to meters,
pipes, conduits or attachments, described in this subsection, is
presumptive evidence that the person to whom gas, electricity or
water is at the time being furnished by or through such meters,
pipes, conduits or attachments has, with intent to defraud, created
or caused to be created with reference to such meters, pipes, conduits
or attachments, the condition so existing; provided, however, that
the presumption shall not apply to any person so furnished with
gas, electricity or water for less than 31 days or until there has
been at least one meter reading.
A violation of this subsection shall be deemed to be a continuing
offense as long as the conditions described in this subsection exist.
d. Any person who, without permission or authority, connects or
causes to be connected by wires or other devices, any meter erected
or set up for the purpose of registering or recording the amount
of electric current supplied to any customer by any vendor of electricity
within this State, or changes or shunts the wiring leading to or
from any such meter, or by any device, appliance or means whatsoever
tampers with any such meter so that the meter will not measure or
record the full amount of electric current supplied to such customer,
is guilty of a disorderly persons offense.
The existence of any of the conditions with reference to meters
or attachments described in this subsection is presumptive evidence
that the person to whom electricity is at the time being furnished
by or through such meters or attachments has, with intent to defraud,
created or caused to be created with reference to such meters or
attachments, the condition so existing; provided, however, that
the presumption shall not apply to any person so furnished with
electricity for less than 31 days or until there has been at least
one meter reading.
A violation of this subsection shall be deemed to be a continuing
offense as long as the conditions described in this subsection exist.
e. Any person who, with intent to obtain cable television service
without payment, in whole or in part, of the lawful charges therefor,
or with intent to deprive another of the lawful receipt of such
service, damages, cuts, tampers with, installs, taps or makes any
connection with, or who displaces, removes, injures or destroys
any wire, cable, conduit, apparatus or equipment of a cable television
company operating a CATV system; or who, without authority of a
cable television company, intentionally prevents, obstructs or delays,
by any means or contrivance, the sending, transmission, conveyance,
distribution or receipt of programming material carried by equipment
of the cable television company operating a CATV system, is a disorderly
person.
The existence of any of the conditions with reference to wires,
cables, conduits, apparatus or equipment described in this subsection
is presumptive evidence that the person to whom cable television
service is at the time being furnished has, with intent to obtain
cable television service without authorization or compensation or
to otherwise defraud, created or caused to be created the condition
so existing.
f. Any person who purposely or knowingly manufactures, constructs,
sells, offers for sale, distributes or installs any equipment, device
or instrument designed or intended to facilitate the interception,
decoding or receipt of any cable television service with intent
to obtain such service and avoid the lawful payment of the charges
therefor to the provider, in whole or in part, is a disorderly person.
Any communications paraphernalia prohibited under this subsection
shall be subject to forfeiture and may be seized by the State or
any law enforcement officer in accordance with the provisions of
N.J.S.2C:64-1 et seq.
g. Any person who purposely or knowingly maintains or possesses
any equipment, device or instrument of the type described in subsection
f. of this section or maintains or possesses any equipment, device
or instrument actually used to facilitate the interception, decoding
or receipt of any cable television service with intent to obtain
such service and avoid the lawful payment, in whole or in part,
of the charges therefor to the provider, is a disorderly person.
Any communications paraphernalia prohibited under this subsection
shall be subject to forfeiture and may be seized by the State or
any law enforcement officer in accordance with the provisions of
N.J.S.2C:64-1 et seq.
h. Any person who, with the intent of depriving a telephone company
of its lawful charges therefor, purposely or knowingly makes use
of any telecommunications service by means of the unauthorized use
of any electronic or mechanical device or connection, or by the
unauthorized use of billing information, or by the use of a computer,
computer equipment or computer software, or by the use of misidentifying
or misleading information given to a representative of the telephone
company is guilty of a crime of the third degree.
The existence of any of the conditions with reference to electronic
or mechanical devices, computers, computer equipment or computer
software described in this subsection is presumptive evidence that
the person to whom telecommunications service is at the time being
furnished has, with intent to obtain telecommunications service
without authorization or compensation or to otherwise defraud, created
or caused to be created the condition so existing.
i. Any person who purposely or knowingly manufactures, constructs,
sells, offers for sale, distributes, installs, or otherwise provides
any service, equipment, device, computer, computer equipment, computer
software or instrument designed or intended to facilitate the receipt
of any telecommunications service and avoid the lawful payment of
the charges therefor to the provider, in whole or in part, is guilty
of a crime of the third degree.
Any communications paraphernalia, computer, computer equipment
or computer software prohibited under this subsection shall be subject
to forfeiture and may be seized by the State or any law enforcement
officer in accordance with the provisions of N.J.S.2C:64-1 et seq.
j. Any person who purposely or knowingly maintains or possesses
any equipment, device, computer, computer equipment, computer software
or instrument of the type described in subsection i. of this section,
or maintains or possesses any equipment, device, computer, computer
equipment, computer software or instrument actually used to facilitate
the receipt of any telecommunications service with intent to obtain
such service and avoid the lawful payment, in whole or in part,
of the charges therefor to the provider, is guilty of a crime of
the third degree.
Any communications paraphernalia, computer, computer equipment
or computer software prohibited under this subsection shall be subject
to forfeiture and may be seized by the State or any law enforcement
officer in accordance with the provisions of N.J.S.2C:64-1 et seq.
k. In addition to any other disposition authorized by law, and
notwithstanding the provisions of N.J.S.2C:43-3, every person who
violates this section shall be sentenced to make restitution to
the vendor and to pay a minimum fine of $500.00 for each offense.
In determining the amount of restitution, the court shall consider
the costs expended by the vendor, including but not limited to the
repair and replacement of damaged equipment, the cost of the services
unlawfully obtained, investigation expenses, and attorney fees.
l. The presumptions of evidence applicable to offenses defined
in subsections c., d., e. and h. of this section shall also apply
in any prosecution for theft of services brought pursuant to the
provisions of 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 required disposition of property
received Theft by Failure to Make Required Disposition of Property
Received. A person who purposely obtains or retains property upon
agreement or subject to a known legal obligation to make specified
payment or other disposition, whether from such property or its
proceeds or from his own property to be reserved in equivalent amount,
is guilty of theft if he deals with the property obtained as his
own and fails to make the required payment or disposition. The foregoing
applies notwithstanding that it may be impossible to identify particular
property as belonging to the victim at the time of the actor's failure
to make the required payment or disposition. An officer or employee
of the government or of a financial institution is presumed: (a)
to know any legal obligation relevant to his criminal liability
under this section, and (b) to have dealt with the property as his
own if he fails to pay or account upon lawful demand, or if an audit
reveals a shortage or falsification of accounts. The fact that any
payment or other disposition was made with a subsequently dishonored
negotiable instrument shall constitute prima facie evidence of the
actor's failure to make the required payment or disposition, and
the trier of fact may draw a permissive inference therefrom that
the actor 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 of Conveyance
a. A person commits a disorderly persons offense if, with purpose
to withhold temporarily from the owner, he takes, operates, or exercises
control over any means of conveyance, other than a motor vehicle,
without consent of the owner or other person authorized 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, trams
and trailers. It is an affirmative defense to prosecution under
subsections a., b. and c. of this section that the actor reasonably
believed that the owner or any other person authorized to give consent
would have consented to the operation had he known of it.
b. A person commits a crime of the fourth degree if, with purpose
to withhold temporarily from the owner, he takes, operates or exercises
control over a motor vehicle without the consent of the owner or
other person authorized to give consent.
c. A person commits a crime of the third degree if, with purpose
to withhold temporarily from the owner, he takes, operates or exercises
control over a motor vehicle without the consent of the owner or
other person authorized to give consent and operates the motor vehicle
in a manner that creates a risk of injury to any person or a risk
of damage to property.
d. A person commits a crime of the fourth degree if he enters and
rides in a motor vehicle knowing that the motor vehicle has been
taken or is being operated without the consent of the owner or other
person authorized to consent.
Amended 1979,c.178,s.35A; 1993,c.134.
2C:20-11 Shoplifting
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