TRENTON, N.J. — New legislation seeks to amend New Jersey’s theft statutes by clarifying how the value of stolen property can be aggregated to determine the severity of charges.
Under current law, the value of stolen property may be combined if the thefts were committed as part of “one scheme or course of conduct.” The new bill expands the definition of that phrase to include multiple criminal episodes or transactions, whether they involve the same or several victims, and whether they occur within one or several counties.
The bill further states that evidence showing multiple episodes constitute a single scheme may include factors such as involvement of the same defendant or defendants, substantial similarity in the nature of the acts, and whether the acts occurred within a two-year period.
Impact on grading of theft offenses
The legislation does not change the existing monetary thresholds for grading theft offenses but clarifies when aggregation can occur to elevate charges. Under New Jersey’s consolidated theft statute:
- Theft is a second-degree crime if the amount stolen is $75,000 or more.
- Theft is a third-degree crime if the amount is more than $500 but less than $75,000.
- Theft is a fourth-degree crime if the amount is between $200 and $500.
- Theft is a disorderly persons offense if the amount is less than $200.
These same monetary thresholds apply to related crimes such as receiving stolen property, fencing stolen goods, and shoplifting. For motor vehicle theft, the offense is graded as a second-degree crime if the vehicle’s value is $75,000 or more; otherwise, it is a third-degree crime.
Penalties tied to offense degree
Penalties for theft offenses vary based on the grading:
- Second-degree crimes carry five to ten years in prison and fines up to $150,000.
- Third-degree crimes carry three to five years in prison and fines up to $15,000.
- Fourth-degree crimes carry up to 18 months in prison and fines up to $10,000.
- Disorderly persons offenses carry up to six months in jail and fines up to $1,000.
The bill aims to give prosecutors additional clarity and flexibility in charging theft offenses involving multiple incidents connected by a common plan or scheme.
