Theft and Grading 2C:20-3

There are two categories of property that an individual can unlawfully take, movable property and immovable property.

A person may be accused of theft of movable property if they unlawfully take or exercise unlawful control over the movable property of another. They must demonstrate the purpose of depriving the actual owner or leaser of the property.

Examples of movable property are personal property such as money, jewelry, animals, electronic devices, and documents. The category of movable property also includes things growing on, temporarily affixed to, or found in land. Movable property covers crops, water, and mineral resources.

A person may be accused of theft of immovable property if they unlawfully transfer any interest in the immovable property of another. They must demonstrate the purpose of benefiting themselves or another person who is not entitled to an interest in the property.

Examples of immovable property are real property and buildings. The category of immovable property also includes benefits that arise out of land, things that attach to the earth, or things permanently affixed to anything that is attached to the earth. Immovable property covers rights of way, lights, rights to collect rent, and leases of land.

Demonstrating a purpose to take property can be inferred from the defendant’s actions. If the person who is accused of the crime made a mistake about taking another person’s property, they would not have demonstrated a purpose to commit theft until they found that they had the property in question, and made the decision to keep the property for themselves. Say the defendant took a folder that belonged to them, but contained a document belonging to someone else. They would demonstrate purpose at the point at which they discovered the document and decided to keep it.

There is often confusion as to whether an unlawful taking has occurred if the person accused of the taking can show that they have or had whole or partial ownership of the property. Generally, property is defined as “property of another” if the actual owner can show that they have an interest on which the defendant is not privileged to infringe.

The theft of movable or immovable property is graded as a crime of the 2nd, 3rd, or 4th degree, depending on the value of the thing taken. If the property taken is worth $75,000 or more, the crime is one of the second degree. The maximum penalty for a crime of the second degree is up to 5-10 years in prison and a fine up to $150,000.

If the property taken is worth between $500 and $75,000, the crime is one of the third degree. The maximum penalty for a crime of the third degree is up to 3-5 years in prison and a fine up to $15,000. If the property taken is worth between $200 and $500, the crime is one of the fourth degree. Crimes of the fourth degree have a maximum penalty of up to 18 months in prison and a fine up to $10,000.