Shoplifting might seem like a minor offense to some, but in New Jersey, it carries serious consequences. Whether it’s pocketing a small item or attempting to walk out with hundreds of dollars in merchandise, New Jersey law treats theft from retail stores as a criminal offense with penalties that can significantly affect one’s future. Understanding the legal definition, degrees of offense, and potential penalties is essential for anyone facing or trying to prevent such charges.
Legal Definition of Shoplifting in New Jersey
Under N.J.S.A. 2C:20-11, shoplifting encompasses several actions beyond simply stealing merchandise. These include:
- Taking merchandise without paying for it
- Concealing items with the intent to steal
- Altering or removing price tags
- Transferring merchandise into a different container to pay less
- Under-ringing merchandise at the register
- Removing shopping carts from store premises
The prosecution does not need to prove that the person actually left the store with the goods—intent to deprive the retailer of full value is enough.
Degrees of Shoplifting Offenses
Penalties for shoplifting in New Jersey depend on the monetary value of the stolen goods and whether the offender has any prior convictions.
Disorderly Persons Offense
- Value of stolen goods: Less than $200
- Penalty: Up to 6 months in jail, a fine of up to $1,000, community service, and possible restitution to the store.
Fourth-Degree Crime
- Value of stolen goods: $200–$500
- Penalty: Up to 18 months in state prison, a fine of up to $10,000, and other court-imposed sanctions.
Third-Degree Crime
- Value of stolen goods: $500–$75,000
- Penalty: 3 to 5 years in prison, up to a $15,000 fine, probation, and a criminal record.
Second-Degree Crime
- Value of stolen goods: More than $75,000 or if part of an organized retail theft ring
- Penalty: 5 to 10 years in prison and a fine up to $150,000
Mandatory Community Service and Enhanced Penalties
New Jersey law mandates community service for shoplifting offenses, even for first-time offenders:
- First offense: At least 10 days of community service
- Second offense: At least 15 days
- Third or subsequent offense: Up to 25 days and a mandatory minimum jail sentence of 90 days
Repeat offenders may also face harsher treatment in court, including longer sentences and higher fines.
Juvenile Shoplifting
For minors, shoplifting cases are typically handled in juvenile court, which focuses more on rehabilitation than punishment. However, the offense still results in a juvenile record, which can affect college admissions, scholarships, and job opportunities. In some cases, diversionary programs or deferred disposition may be available to first-time offenders.
Civil Penalties from Retailers
In addition to criminal penalties, shoplifters in New Jersey may face civil penalties. Retailers are legally allowed to sue for:
- The full value of the stolen merchandise (even if it was returned)
- An additional penalty of up to $150
- Legal and court fees
These penalties can be enforced even if the criminal charges are dismissed or resolved through diversion programs.
Defending a Shoplifting Charge
Several defenses may be available, including:
- Lack of intent to steal
- Mistaken identity
- Improper police procedure or violation of constitutional rights
- No probable cause for search or detention
An experienced criminal defense attorney in New Jersey can assess the situation and work to reduce or dismiss the charges.
Conclusion
Shoplifting in New Jersey is not a minor infraction—it is a serious criminal offense that can result in jail time, fines, and a permanent record. Whether you’re facing charges or simply want to understand the law better, it’s important to know the potential consequences and legal options. If charged with shoplifting, seeking legal counsel immediately is crucial to protecting your rights and future.