A person is guilty of theft if he:

• Unlawfully takes, or exercises unlawful control over, movable property of another in order to deprive him of the property; or
  
• Unlawfully transfers any interest in immovable property of another in order to benefit himself or another not entitled to the property.

Second degree theft
Theft is a crime of the second degree when:

• The amount involved is $75,000.00 or more, including theft of a person’s government benefits;
  
• The property is taken by extortion;
  
• The property is more than one kilogram of a controlled dangerous substance (or controlled substance analog);
• The property is human remains.

• Imprisonment for five to ten years;
  
• A fine of up to $150,000; or
  
• Both.

Third degree theft
Theft constitutes a crime of the third degree when:

• The amount involved is between $500.00 and $75,000.00;
  
• The property is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
  
• The property is one kilogram or less of a controlled dangerous substance (or controlled substance analog) and the amount involved is less than $75,000.00 or is undetermined;
  
• It is from the person of the victim;
  
• It is done in breach of an obligation by a person in his capacity as a fiduciary;
  
• It is done by threat that does not amounting to extortion;
  
• The property is a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;
  
• The property 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 less than $75,000;
  
• The property 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 and components 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;
  
• The property is a New Jersey Prescription Blank; or
  
• The property is an access device or a defaced access device.

• Imprisonment for three to five years;
  
• A fine of up to $15,000; or
  
• Both.

Fourth degree theft
Theft constitutes a crime of the fourth degree when:

• The amount involved is between $200.00 and $500.00.

• Imprisonment for up to eighteen months;
  
• A fine of up to $10,000; or
  
• Both.

Disorderly persons offense
Theft constitutes a disorderly persons offense when:

• The amount involved is less than $200.00.

• Imprisonment for up to six months;
  
• A fine of up to $1,000; or
  
• Both.

Defenses
It is a defense to a charge of theft that a person:

• Was unaware that the property or service was someone else’s;
  
• Honestly believed he had a right to the property or service involved, or that he had a right to acquire or dispose of it as he did; or
• Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.