South Jersey Laws
Shoplifting
New Jersey Statutes Annotated 2C:20-11: Shoplifting


Definitions

  • Shopping cart means push carts of the type commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public;
  • Store or other retail mercantile establishment means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;
  • Merchandise means any goods, foodstuffs or wares of any type and description, regardless of value;
  • Merchant means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of an owner or proprietor;
  • Person means any individual or individuals, including an agent, servant or employee of a merchant;
  • Conceal means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation;
  • Full retail value means the merchant's stated or advertised price of the merchandise;
  • Premises of a store or retail mercantile establishment means and includes, but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant for the convenience of the patrons;
  • Under-ring means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise;
  • Anti-shoplifting or inventory control device countermeasure means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device.

Crimes & Offenses
It is a disorderly persons offense for anyone to purposely:

  • Take possession of, carry away, transfer or cause to be carried away or transferred:
    • Any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment;
    • With the intention of depriving the merchant of the possession, use or benefit of such merchandise; or
    • Converting the same to the use of such person;
    • Without paying to the merchant the full retail value thereof.
  • Conceal upon his person or otherwise:
    • Any merchandise offered for sale by any store or other retail mercantile establishment;
    • With the intention of depriving the merchant of the possession, use or benefit of such merchandise; or
    • Converting the same to the use of such person;
    • Without paying to the merchant the value thereof.
  • Alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to:
    • Any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment; and
    • To attempt to purchase such merchandise personally or in consort with another;
    • At less than the full retail value;
    • With the intention of depriving the merchant of all or some part of the value thereof.
  • Transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment:
    • From the container in or on which the same shall be displayed;
    • To any other container;
    • With intent to deprive the merchant of all or some part of the retail value thereof.
  • Under-ring with the intention of depriving the merchant of the full retail value thereof;
  • Remove a shopping cart from the premises of a store or other retail mercantile establishment:
    • Without the consent of the merchant given at the time of such removal;
    • With the intention of permanently depriving the merchant of the possession, use or benefit of such cart.
It is also a disorderly persons offense for anyone to purposely possess or use any anti-shoplifting or inventory control device countermeasure within any store or other retail mercantile establishment.


Shoplifting is a disorderly persons offense, punishable by:

  • Imprisonment for up to six months;
  • A fine of:
    • Up to $500 for a first offense;
    • Between $100 and $500 for a second offense; and
    • Between $250 and $1000 for a third offense;
  • Or both.
A person convicted of a third or subsequent shoplifting offense must serve a minimum term of 30 days.

Possession or use of any anti-shoplifting or inventory control device countermeasure is a disorderly persons offense, punishable by:
  • Imprisonment for up to six months;
  • A fine of up to $1,000; or
  • Both.
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