Establishes separate crime of porch piracy, "Porch Theft Task Force," and public awareness campaign; appropriates funds.

A2111

ASSEMBLY, No. 2111

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

���� Establishes separate crime of porch piracy,
"Porch Theft Task Force," and public awareness campaign; appropriates
funds.

CURRENT VERSION OF TEXT

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

��

An Act

concerning theft of packages delivered to
residential properties, and amending N.J.S.2C:20-2, supplementing Title 2C of
the New Jersey Statutes, and making an appropriation.

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

���� 1. (New section) a. A person
commits the crime of residential package theft if the person unlawfully takes,
or exercises unlawful control over, a package delivered to a residential
property by a cargo carrier, as defined under subsection w. of N.J.S.2C:20-1.�

���� b. Residential package theft
is a crime of the third degree if the amount involved is less than $75,000 or
is undetermined, and is a crime of the second degree if the amount involved is
$75,000 or more.� Notwithstanding the provisions of N.J.S.2C:43-3 and in
addition to any other disposition authorized by law, the court may impose a
fine not to exceed $250,000 or five times the retail value of the contents of
the package stolen from the residence seized at the time of the arrest,
whichever is greater.

���� c. (1) The presumption of
non-imprisonment, pursuant to subsection e. of N.J.S.2C:44-1, shall not apply
to a person convicted of a first offense under this section.

���� (2) A person convicted of a
second or subsequent offense under this section shall be sentenced to a term of
imprisonment that shall include a mandatory minimum term of one-third to
one-half of the sentence imposed, during which time the defendant shall not be
eligible for parole.� The court may not suspend or make any other non-custodial
disposition of any person sentenced as a second or subsequent offender pursuant
to this section.�

���� For the purposes of this
section, an offense is considered a second or subsequent offense if the actor
has been convicted pursuant to this section at any time, or under any similar
statute of the United States, this State, or any other state for an offense
that is substantially equivalent to this section.

���� d. Nothing contained in this
section shall be construed to preclude or limit a prosecution or conviction of
any person for home invasion burglary pursuant to section 1 of P.L.2024, c.83
(C.2C:18-2.1), residential burglary pursuant to section 2 of P.L.2024, c.83
(C.2C:18-2.2), unlicensed entry or trespass pursuant to N.J.S.2C:18-3, or any
other offense.

���� 2. (New section) a. The �Porch
Theft Task Force� is established in the Department of Law and Public Safety.�

���� The purposes of the task force
shall be: to facilitate the coordination and collaboration of State, county,
and local law enforcement agencies� efforts to prevent, deter, investigate, and
prosecute residential package thefts; centralize the collection of data
relevant to residential package theft cases to identify patterns, trends, and
the possible involvement of organized crime; and facilitate collaboration
between law enforcement agencies and cargo carriers, as defined under
subsection w. of N.J.S.2C:20-1, to prevent and deter residential package
thefts.

���� b.��� The Attorney General, or
a designee, shall serve as the chair of the task force.� The other members of
the task force may be appointed by the Governor but shall include, at a
minimum, representation from State and local law enforcement agencies reflecting
the geographic and demographic diversity of this State; representation from
cargo carriers, as defined under subsection w. of N.J.S.2C:20-1, including at
least one representative of the United States Postal Service; and members of
the public with experience or expertise relevant to the purposes of the task
force.

���� c.���� Appointments to the
task force shall be made no later than 30 days following the effective date of
P.L.���� , c.����� (pending before the Legislature as this bill).� Vacancies
shall be filled in the same manner as the original appointments.� The members of
the task force shall serve without compensation, but shall be eligible for
reimbursement for necessary and reasonable expenses incurred in the performance
of their official duties within the limits of funds appropriated or otherwise
made available to the task force for its purposes.

���� d.��� The task force shall
organize as soon as practicable following the appointment of its members.� The
Department of Law and Public Safety shall provide stenographic, clerical, and
other administrative assistance, and professional staff, as the task force requires
to carry out its work.� The task force shall also be entitled to call to its
assistance and avail itself of the services of the employees of any State,
county, or municipal department, board, bureau, commission, or agency as the
task force may require and as may be available to the task force for its
purposes.� The task force may meet and hold hearings at the place or places the
task force designates.

���� e.���� No later than six
months after its organization the task force shall prepare and submit to the
Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the
Legislature a report detailing the work of the task force, Statewide data
collected by the task force, and any recommendations concerning law enforcement
or business practices that would reduce or eliminate residential package
theft.� The task force shall prepare and submit an updated report annually
thereafter.

���� 3. (New section) The Attorney
General and the Director of the Division of Consumer Affairs in the Department
of Law and Public Safety, in consultation with the members of the �Porch Theft
Task Force� established pursuant to section 2 of P.L.���� , c.����� (pending
before the Legislature as this bill), shall develop, approve, and implement a
public awareness campaign to educate residents of this State concerning
residential package theft, measures to prevent residential package theft, and
how to report residential package thefts to law enforcement agencies.

���� 4. (New section) There is
appropriated from the General Fund to the Department of Law and Public Safety
such funds as shall be necessary for the implementation of P.L.���� , c.�����
(pending before the Legislature as this bill), as certified by the Attorney
General and subject to the approval of the Director of the Division of Budget
and Accounting in the Department of the Treasury.

���� 5. 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 or more;

���� (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 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; 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 or more.

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

���� (a) The amount involved
exceeds $500 but is less than $75,000;

���� (b) The property stolen is a
firearm, 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 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;

���� (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;

���� (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;

���� (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
.

[
;
or
]

���� (m)
[
The property stolen consists of a
package delivered to a residential property by a cargo carrier and the amount
involved is less than $75,000 or is undetermined.
]

(Deleted by amendment,
P.L.���� , c.���� ) (pending before the Legislature as this bill)

���� (3) Theft constitutes a crime
of the fourth degree if the amount involved is at least $200 but does not
exceed $500.

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

���� (a) The amount involved was
less than $200; 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, thefts of motor vehicles, 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.

���� 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.2023, c.101, s.4)

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

STATEMENT

���� This bill establishes a
separate crime of residential package theft, also known as �porch piracy,� as a
distinct crime, separate from the consolidated theft statute, N.J.S.2C:20-2.�

���� Under the bill, residential
package theft is a crime of the third degree if the amount involved is less
than $75,000 or is undetermined, and is a crime of the second degree if the
amount involved is $75,000 or more.� A crime of the third degree is ordinarily
punishable by a term of imprisonment of three to five years, a fine of up to
$15,000, or both.� A crime of the second degree is ordinarily punishable by a
term of imprisonment of five to 10 years, a fine of up to $150,000, or both.

���� Under the bill, in addition to
any other disposition authorized by law, the court may impose a fine not to
exceed $250,000 or five times the retail value of the contents of the package
stolen from the residence seized at the time of the arrest, whichever is
greater.�

���� Also, under the bill, in
addition to the ordinary penalties for crimes of the third or second degree,
the presumption of non-imprisonment for a person convicted of a first offense
of a crime of the third degree would not apply.� Further, a person convicted of
a second or subsequent offense is required to serve a mandatory minimum term of
one-third to one-half of the sentence imposed, during which time the defendant
shall not be eligible for parole.� The bill also provides that a person may be
charged with residential package theft in addition to, or in combination with,
any other crime such as home invasion burglary, residential burglary, or
trespass, as applicable.

���� Additionally, the bill
establishes the �Porch Theft Task Force� to be led by the Attorney General, and
involving State and local law enforcement and delivery companies.� The task
force is required to track and reduce residential package thefts, centralize
data collection concerning residential package thefts, and coordinate law
enforcement efforts.

���� The bill requires the Director
of the Division of Consumer Affairs in the Department of Law and Public Safety
to establish a public awareness campaign to educate residents on how to prevent
residential package theft.

���� Finally, the bill appropriates
from the General Fund to the Department of Law and Public Safety such funds as
are necessary to implement the bill.