The proposed bill amends New Jersey's theft and computer criminal activity laws to allow for the aggregation of the value of stolen property across multiple criminal episodes or transactions occurring within a two-year period. It introduces new legal language stating that the amount involved in a theft or computer criminal activity can be determined by the trier of fact and may include any state tax avoided or unpaid. This aggregation applies to offenses committed against the same victim or multiple victims, and evidence of multiple episodes constituting one scheme may include similarities in nature and timing. Additionally, prior convictions within the last two years can be used for aggregation in the prosecution of new offenses. The bill also modifies the grading of theft offenses, allowing for a comprehensive assessment of the total value involved in thefts, including those of motor vehicles and other property.
Moreover, the bill establishes specific community service requirements for individuals convicted of shoplifting, mandating at least ten days for a first offense, 15 days for a second, and up to 25 days for third or subsequent offenses, along with a minimum 90-day imprisonment for repeat offenders. It reinforces the presumption of intent to deprive merchants of their property when merchandise is concealed and grants law enforcement and merchants the authority to detain individuals suspected of shoplifting without incurring civil or criminal liability, provided they have probable cause. Overall, these changes aim to enhance the prosecution of theft-related crimes by providing clearer guidelines for aggregating values and establishing the context of criminal activity.
Statutes affected: Introduced: 2C:20-7.1, 2C:20-10.1, 2C:20-10.2