Shoplifting, Grading, & Penalties 2C:20-11

New Jersey’s shoplifting statute covers a variety of acts. Shoplifting is the purposeful taking possession, carrying away, transfer, or causing to be carried away of merchandise offered for sale at a store. The act must involve the intention of depriving the merchant of the item of possession, use, or benefit of the merchandise. It may involve failing to pay the merchant the full retail value of the item.

Shoplifting can include the act of concealing merchandise upon one’s person with the intent of depriving the merchant of the value of the property. An offender does not have to exit the store with the item. They can hide the item in their clothing or on their person with the intent of attempting to take the item. They may fail to pay the merchant the full value or at all.

Shoplifting can include the act of altering, transferring, or removing labels from items. If an individual purchases the items with the new price, they have still committed an act of shoplifting. The individual making the purchase has committed an act and demonstrated the intent to deprive the merchant of the value of the property.

Shoplifting may involve the act of transferring merchandise from one container to another. Shoplifting may also involve under-ringing an item, knowing that the item is worth more. Shoplifting can also involve purposely taking a shopping cart from the premises of a store. The merchant must not have given consent at the time of the taking. The taking of the shopping cart must be done with the intent to permanently deprive the merchant of the possession, use, or benefit of the cart.

The penalties for shoplifting vary according to the amount of the item. Shoplifting is a crime of the third degree if an individual has taken items worth over $75,000. Shoplifting is also a crime of the third degree if the items are worth $1,000 or more, and the theft is committed in furtherance of or in conjunction with an organized retail theft enterprise, such as a ring of shoplifters. Crimes of the third degree have a maximum penalty of up to 3 to 5 years in prison and a fine up to $15,000.

Shoplifting is a crime of the fourth degree if the value of the merchandise is between $200 and $500. Crimes of the fourth degree have a maximum penalty of up to 18 months in prison and a fine up to $10,000.

Shoplifting is a disorderly persons offense if the value of the merchandise is less than $200.
A disorderly persons offense has a maximum sentence of up to 6 months in jail and a fine up to $1,000. A person who possesses or uses an antishoplifting or inventory control device countermeasure may be charged with a disorderly persons offense.

Persons who have been convicted of a shoplifting offense may be required to perform a set number of community service hours. The number increases every time they are alleged to have committed a subsequent offense.