In New Jersey, the statutes use the word “theft”, when talking about stealing. A person is guilty of theft if he unlawfully takes, or exercises control over movable property of another with purpose to deprive him thereof.
This means, it is not theft when someone asks permission for an item and is given the ok to take it. It is also not theft if items are placed in a public place for people to take for free. For example, if sodas are left for anyone attending a conference to take, a person who is greedy to bring a bag, and puts more than what he can drink in the bag, is not stealing. The sodas are free. If someone takes something that is free only when a person buys something that is not free, then it may still be theft. For instance, a paper cup may be free when someone buys a cup of coffee, but if someone just goes into a store to take a paper cup without buying anything, then it may be theft. In poor economic times, a paper cup may have value even when it is normally given away. This is why some store owners charge 25 cents for water because they make the person pay for the cup. The same goes for plastic utensils. If someone does not buy any food, they may be committing theft if they just go to a store to take utensils.
In New Jersey, the jury cannot find the defendant guilty for theft unless the jury determines the State proves the following two elements beyond a reasonable doubt:
1. Defendant unlawfully took property. To prove an unlawful taking, the State need not prove 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. This means if a person takes sodas, for example, and drinks the sodas before leaving a building, it is still theft even though the person did not take the drinks out the building. When a defendant is found with stolen property after it was taken, the jury may draw an inference that the defendant took the property.
2. At the time the defendant took property the purpose was to deprive the owner of the property. A person acts purposely when his/her conscious goal is to deprive the owner of property. Deprive means to withhold property of another permanently or dispose of the property so as to make it unlikely the owner will recover it.
Each episode of theft may be the subject of a separate prosecution and conviction. There are different levels of theft, each carrying different penalties and prison time. New Jersey Statute 2C:20-2b discusses the degree of theft. For example, theft constitutes a crime of the second degree if:
a. Amount involved is $75,000.00 or more;
b. Property taken by extortion;
c. Property stolen is a controlled dangerous substance, as defined in New Jersey Statutes Title 2C:35-2 and the quantity exceeds one kilogram;
d. Property stolen is a person’s benefits under federal or State law, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health care and the amount is $75,000 or more; or
e. Property stolen is human remains.
When faced with criminal charges for theft, engage a New Jersey criminal defense attorney who knows how to interpret criminal statutes to reduce prison time and penalties. Contact the Law Office of Jason Volet at (732) 503-8968 or fill out the form on the right.
