Theft and property cases often turn on ownership, permission, value, intent, possession, and what the accused believed he or she was entitled to do. New Jersey uses several different theft statutes, so the exact offense charged matters.
Theft by Unlawful Taking or Disposition
N.J.S.A. 2C:20-3 distinguishes movable and immovable property.
- the defendant unlawfully took or exercised unlawful control over movable property of another; and
- did so with the purpose to deprive the owner of the property.
For immovable property, the State must prove an unlawful transfer of an interest in another’s property with purpose to benefit the defendant or another person not entitled to it.
Shoplifting
N.J.S.A. 2C:20-11 defines several different forms of shoplifting. The State must prove the specific act charged and the required purpose or intent beyond a reasonable doubt.
- purposely taking, carrying away, or transferring merchandise with intent to deprive the merchant of possession, use, or benefit without paying full retail value;
- concealing merchandise with the purpose required by the statute;
- altering, transferring, or removing labels or price markings to pay less than full retail value;
- transferring merchandise from one container to another; or
- purposely under-ringing merchandise with intent to deprive the merchant of full retail value.
The grade of the offense can depend on the retail value and, under current law, whether the conduct was connected to an organized retail theft enterprise.
Burglary
New Jersey’s burglary statutes changed in 2024. Ordinary burglary under N.J.S.A. 2C:18-2 now addresses structures other than residential dwellings and certain utility property. Residential burglary and home invasion burglary are addressed separately.
- entry into, or surreptitious remaining in, the covered structure without license or privilege, or the statutory form of trespass on utility property; and
- a purpose to commit an offense in or on the property.
Additional conduct can increase the grading. Residential burglary and home invasion burglary require analysis under their separate statutes.
Criminal Mischief
Criminal mischief under N.J.S.A. 2C:17-3 focuses on damage to or tampering with tangible property.
- purposeful or knowing damage to tangible property of another;
- reckless or negligent damage using fire, explosives, or other dangerous means identified by statute; or
- purposeful, knowing, or reckless tampering with another’s tangible property so as to endanger person or property.
The amount of loss can affect grading.
Receiving Stolen Property
- the defendant knowingly received or brought into New Jersey movable property of another, other than a motor vehicle under the separate motor-vehicle statute; and
- the defendant knew the property had been stolen or believed it was probably stolen.
“Receiving” includes acquiring possession, control, or title, or lending on the security of the property.
Embezzlement-Type Allegations
New Jersey does not necessarily label these cases “embezzlement” in the charging statute. Many are prosecuted as theft by failure to make required disposition of property received under N.J.S.A. 2C:20-9.
- the defendant purposely obtained or retained property under an agreement or known legal obligation to make a specified payment or disposition;
- the defendant dealt with the property as his or her own; and
- failed to make the required payment or disposition.
What the Defense Looks At
Property cases often turn on permission, claim of right, ownership, valuation, identity, possession, whether property was actually stolen, whether the accused knew that fact, and whether conduct that looks suspicious can actually prove the required purpose or knowledge.