Upgrades theft to a crime of the first degree if amount involved is $500,000 or more.

A1570

ASSEMBLY, No. 1570

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Upgrades theft to a crime of the first degree if
amount involved is $500,000 or more.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the theft of $500,000 or more and amending
N.J.S.2C:20-2.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� N.J.S.2C:20-2 is amended
to read as follows:

���� 2C:20-2.���� a.� Consolidation
of Theft and Computer Criminal Activity Offenses.� Conduct denominated theft or
computer criminal activity in this chapter constitutes a single offense, but
each episode or transaction may be the subject of a separate prosecution and conviction.�
A charge of theft or computer criminal activity may be supported by evidence
that it was committed in any manner that would be theft or computer criminal
activity under this chapter, notwithstanding the specification of a different
manner in the indictment or accusation, subject only to the power of the court
to ensure fair trial by granting a bill of particulars, discovery, a
continuance, or other appropriate relief where the conduct of the defense would
be prejudiced by lack of fair notice or by surprise.

���� b.��� Grading of theft
offenses.

���� (1)�� Theft constitutes a
crime of the second degree if:

���� (a)�� The amount involved is
$75,000.00 or more
but is less than $500,000.00
;

���� (b)�� The property is taken by
extortion;

���� (c)�� The property stolen is a
controlled dangerous substance or controlled substance analog as defined in
N.J.S.2C:35-2 and the quantity is in excess of one kilogram;

���� (d)�� The property stolen 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 $75,000.00 or more;

���� (e)�� The property stolen is
human remains or any part thereof; except
[
that,
if the human remains are stolen by deception or falsification of a document by
which a gift of all or part of a human body may be made pursuant to P.L.2008,
c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree
]

as
provided in subparagraph (b) of paragraph (5) of this subsection
; or

���� (f)�� It is in breach of an
obligation by a person in his capacity as a fiduciary and the amount involved
is $50,000.00 or more.

���� (2)�� Theft constitutes a
crime of the third degree if:

���� (a)�� The amount involved
exceeds $500.00 but is less than $75,000.00;

���� (b)�� The property stolen is a
firearm, motor vehicle, vessel, boat, horse, domestic companion animal or
airplane;

���� (c)�� The property stolen is a
controlled dangerous substance or controlled substance analog as defined in
N.J.S.2C:35-2 and the amount involved is less than $75,000.00 or is
undetermined and the quantity is one kilogram or less;

���� (d)�� It is from the person of
the victim;

���� (e)�� It is in breach of an
obligation by a person in his capacity as a fiduciary and the amount involved
is less than $50,000.00;

���� (f)�� It is by threat not
amounting to extortion;

���� (g)�� It is of 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;

���� (h)�� The property stolen 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 $75,000.00;

���� (i)��� The property stolen 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;

���� (j)��� The property stolen is
a New Jersey Prescription Blank as referred to in
[
R.S.45:14-14
]

P.L.2003,
c.280 (C.45:14-40 et seq.)
;

���� (k)�� The property stolen
consists of an access device or a defaced access device; or

���� (l)��� The property stolen
consists of anhydrous ammonia and the actor intends it to be used to
manufacture methamphetamine.

���� (3)�� Theft constitutes a
crime of the fourth degree if the amount involved is at least $200.00 but does
not exceed $500.00.

���� (4)�� Theft constitutes a
disorderly persons offense if:

���� (a)�� The amount involved was
less than $200.00; or

���� (b)�� The property stolen is
an electronic vehicle identification system transponder.

���� The amount involved in a theft
or computer criminal activity shall be determined by the trier of fact.� The
amount shall include, but shall not be limited to, the amount of any State tax
avoided, evaded or otherwise unpaid, improperly retained or disposed of.
Amounts involved in thefts or computer criminal activities committed pursuant
to one scheme or course of conduct, whether from the same person or several
persons, may be aggregated in determining the grade of the offense.

����
(5)�� Theft constitutes a
crime of the first degree if:

����
(a)�� the amount involved
is $500,000.00 or more; or

����
(b)�� the property stolen
is human remains, or any part thereof, stolen by deception or falsification of
a document by which a gift of all or part of a human body may be made pursuant
to P.L.2008, c.50 (C.26:6-77 et al.).

���� c.���� Claim of right.� It is
an affirmative defense to prosecution for theft that the actor:

���� (1)�� Was unaware that the
property or service was that of another;

���� (2)�� Acted under an honest
claim of right to the property or service involved or that he had a right to
acquire or dispose of it as he did; or

���� (3)�� Took property exposed
for sale, intending to purchase and pay for it promptly, or reasonably
believing that the owner, if present, would have consented.

���� d.��� Theft from spouse.� It
is no defense that theft or computer criminal activity was from or committed
against the actor's spouse, except that misappropriation of household and
personal effects, or other property normally accessible to both spouses, is
theft or computer criminal activity only if it occurs after the parties have
ceased living together.

(cf: P.L.2013, c.58, s.2)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill would upgrade the
crime of theft if the amount involved is $500,000 or more.

���� Under the theft statute,
N.J.S.2C:20-2, the grading of theft ranges from a disorderly persons offense to
a crime of the first degree depending on the amount involved, the particular
type of property taken, and certain other circumstances.� For example, theft is
currently a crime of the second degree if the amount involved is $75,000 or
more; if the property is taken by extortion; if the property consists of a
controlled dangerous substance or analog in a quantity over one kilogram; if
the property consists of certain health care benefits; if the theft is in breach
of an obligation by a person in his capacity as a fiduciary and the amount
involved is $50,000 or more; or if the property consists of human remains.�
Theft is currently a crime of the first degree only if the property is human
remains that were stolen by deception or falsification of a document under the
�Revised Uniform Anatomical Gift Act,� P.L.2008,
c.50 (C.26:6-77 et al.).

���� This bill would create a new
crime of the first degree for theft of property in an amount of $500,000 or
more.� Under the bill, theft would remain a crime of the second degree if the
amount involved is $75,000 but less than $500,000.

���� The bill also makes technical
changes to clarify that theft of human remains by deception or falsification of
a document under the �Revised Uniform Anatomical Gift Act� would remain a crime
of the first degree.