New jersey criminal charge
Shoplifting in New jersey
Shoplifting is a criminal offense under New jersey law, defined by N.J.S.A. 2C:20-11. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:20-11.
What is the penalty for shoplifting in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Shoplifting — value $75,000 or more, or organized retail theft enterprise with value $1,000+ — Applies when the full retail value of merchandise is $75,000 or more, or when the offense is in furtherance of an organized retail theft enterprise and the value is $1,000 or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Shoplifting — value $75,000 or more, or organized retail theft enterprise with value $1,000+ — Applies when the full retail value of merchandise is $75,000 or more, or when the offense is in furtherance of an organized retail theft enterprise and the value is $1,000 or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Shoplifting — value over $500 but under $75,000, or organized retail theft enterprise under $1,000 — Applies when the full retail value exceeds $500 but is less than $75,000, or when committed in furtherance of an organized retail theft enterprise with value less than $1,000.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Shoplifting — value over $500 but under $75,000, or organized retail theft enterprise under $1,000 — Applies when the full retail value exceeds $500 but is less than $75,000, or when committed in furtherance of an organized retail theft enterprise with value less than $1,000.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Shoplifting — value between $200 and $500 — Applies when the full retail value of the merchandise is at least $200 but does not exceed $500.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Shoplifting — value between $200 and $500 — Applies when the full retail value of the merchandise is at least $200 but does not exceed $500.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Shoplifting — value under $200 — Applies when the full retail value of the merchandise is less than $200.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Shoplifting — value under $200 — Applies when the full retail value of the merchandise is less than $200.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 6 months (no statutory minimum) (Possession or use of antishoplifting/inventory control device countermeasure — Applies when a person possesses or uses an antishoplifting or inventory control device countermeasure within a store or retail mercantile establishment.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Possession or use of antishoplifting/inventory control device countermeasure — Applies when a person possesses or uses an antishoplifting or inventory control device countermeasure within a store or retail mercantile establishment.) | discretionary | N.J.S.A. 2C:43-8 |
Applies to current.
How is shoplifting classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Shoplifting — value $75,000 or more, or organized retail theft enterprise with value $1,000+ | crime of the second degree | Applies when the full retail value of merchandise is $75,000 or more, or when the offense is in furtherance of an organized retail theft enterprise and the value is $1,000 or more. | N.J.S.A. 2C:20-11undefined |
| Shoplifting — value over $500 but under $75,000, or organized retail theft enterprise under $1,000 | crime of the third degree | Applies when the full retail value exceeds $500 but is less than $75,000, or when committed in furtherance of an organized retail theft enterprise with value less than $1,000. | N.J.S.A. 2C:20-11undefined |
| Shoplifting — value between $200 and $500 | crime of the fourth degree | Applies when the full retail value of the merchandise is at least $200 but does not exceed $500. | N.J.S.A. 2C:20-11undefined |
| Shoplifting — value under $200 | disorderly persons offense | Applies when the full retail value of the merchandise is less than $200. | N.J.S.A. 2C:20-11undefined |
| Possession or use of antishoplifting/inventory control device countermeasure | disorderly persons offense | Applies when a person possesses or uses an antishoplifting or inventory control device countermeasure within a store or retail mercantile establishment. | N.J.S.A. 2C:20-11undefined |
Common questions about shoplifting in New jersey
What degree of offense is shoplifting in New Jersey?
It depends on the circumstances: shoplifting ranges from a disorderly persons offense to a crime of the second degree in New Jersey under N.J.S.A. 2C:20-11.
Shoplifting — value $75,000 or more, or organized retail theft enterprise with value $1,000+: crime of the second degree (N.J.S.A. 2C:20-11) · Shoplifting — value over $500 but under $75,000, or organized retail theft enterprise under $1,000: crime of the third degree (N.J.S.A. 2C:20-11) · Shoplifting — value between $200 and $500: crime of the fourth degree (N.J.S.A. 2C:20-11) · Shoplifting — value under $200: disorderly persons offense (N.J.S.A. 2C:20-11) · Possession or use of antishoplifting/inventory control device countermeasure: disorderly persons offense (N.J.S.A. 2C:20-11)
What are the penalties for shoplifting in New Jersey?
Which New Jersey statute covers shoplifting?
Shoplifting is governed by N.J.S.A. 2C:20-11 (Shoplifting).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.