THEFT NJ BY UNLAWFUL TAKING OR DISPOSITION—N.J.S.A. 2C:20-3
ILLUSTRATIVE EXAMPLE:
Theft – You know a guy who will pay you quick cash for delivery of select late model stolen vehicles. It’s business, man and you need money. So you are casing out the parking lot at the PNC Arts Center during a rock concert when you spot a new beamer with the interior lights on and the keys still in the ignition. Taking cars from these drugged up kiddies is just too easy. You jump in, turn the key and drive off. As you pull out onto the Garden State Parkway, you are signaled to pull over by a State trooper. Unbeknownst to you the vehicle is not insured and the owner’s driver’s license is suspended for DWI. Additionally you were traveling at 98 m.p.h.. Busted! Did you just commit a serious criminal offense?
a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises
unlawful control over, movable property of another with purpose to deprive him
thereof.
b. Immovable property. A person is guilty of theft if he unlawfully transfers any
interest in immovable property of another with purpose to benefit himself or another not entitled thereto,”
GRADING OF THEFT OFFENSES—N.J.S.A. 2C:20-2(b)
b. “Grading of theft offenses.
(1) Theft constitutes an offense of the second degree if:
(a) The amount involved is $75,000.00 or more;
(b) The property is taken by extortion;
(c) The property taken is a controlled dangerous substance or controlled substance analog as defined by N.J.S.2C:35-2 and the quantity is in excess of one kilogram;
(d) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health care and the amount involved is $75,000.00 or more; or
(e) The property stolen is human remains or any part thereof.
(2) Theft constitutes a crime of the third degree if:
(a) The amount involved exceeds $500.00 but is less than $75,000.00;
(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
(c) The property stolen is a controlled dangerous substance or controlled
substance analog as defined in N.J.S. 2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less; or
(d) It is from the person of the victim; or
(e) It is in breach of an obligation by a person in his capacity as a fiduciary; or
(f) It is by threat not amounting to extortion; or
(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of ant public office or public servant;or
(h) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health and the amount involved is less than $75,000.00; or
(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens or component thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research; or
(j) The property stolen is a New Jersey prescription blank as referred to in R.S.45:14-14; or
(k) The property stolen consists of an access device or a defaced access device.
(3) Theft constitutes a crime of the fourth degree if the amount involved is at
least $200.00 but does not exceed $500.00. If the amount involved was less
than $200.00 the offense constitutes a disorderly persons offense.
(4) The amount involved in a theft shall be determined by the trier of fact. The
amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
b. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or
that he had a right to acquire or dispose of it as he did;
(3) Took property exposed for sale, intending to purchase or pay for it promptly,
or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that the theft or computer criminal activity was
from or committed against the actor’s spouse, except that misappropriation of
household and personal effects, or other property normally accessible to both
spouses, is theft or computer criminal activity only if it occurs after the parties
have ceased living together.”
The answer to the question is YES. Because you were knowingly in possession of the stolen property of another, the court may draw the permissive inference that you intended to permanently deprive the owner of possession, use, ownership of said property. State v. Summers, 197 N.J. Super 510, 485 A.2d 335 (Law Div. 1984). Since the value of the goods is in excess of $500.00, this would be a third degree crime, punishable by a fine of up to $15,000.00, plus possible jail time of not less than three (3) years nor more than five (5) years, presumptive four (4) years, plus a criminal record. N.J.S.A. 2C:43-3(b)
Additional penalties for theft or unlawful taking of automobile—N.J.S.A. 2C: 20-2.1
In addition, there are additional penalties for conviction of stealing an automobile.
On a first offense, there is an additional fine of $500.00 and a suspension of your driver’s license for a period of one (1) year. On a second offense, there is an additional fine of $750.00 and a suspension of your driver’s license for a period of two (2) years. On a third or subsequent offense, there is an additional fine of $1,000.00 and a suspension of your driver’s license for ten (10) years. In addition you must make restitution for the automobile.
These cases can be extremely serious involving the imposition of jail time, hefty fines and a criminal record. If you are charged with any theft charge you need to retain the services of a skilled and experienced attorney immediately to obtain a downgrade of the charges or an acquittal. Contact me for help at………..
STEPHEN A. GRAVATT, ESQ.
(732)-337-7922
