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A4371
ASSEMBLY, No. 4371
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Establishes crime of gang shoplifting.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
establishing the crime of gang shoplifting and
supplementing Title 2C of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a. �A person commits the
crime of gang shoplifting if the person, in concert or participation with one
or more other persons, enters the premises of a store or retail mercantile
establishment and in an open and conspicuous manner:
���� (1) purposely or knowingly takes
possession of, carries away, transfers or causes to be carried away or
transferred, any item 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 the item or converting the item to
the use of the person without paying to the merchant the full retail value
thereof; or
���� (2) purposely, knowingly or
recklessly tampers with tangible property within or on the premises of the store
or retail mercantile establishment so as to endanger any person or the property
or premises of the store or retail mercantile establishment including the
damaging or destroying of any item on the premises of the store or retail
mercantile establishment.
���� b.��� Gang shoplifting is a
crime of the third degree.�
���� c.���� Notwithstanding the
presumption of non-imprisonment for certain offenders set forth in subsection
e. of N.J.S.2C:44-1, a person guilty of gang shoplifting shall serve a term of
imprisonment which shall be fixed at not less than one year, during which the person
shall not be eligible for parole.�
���� d.��� Notwithstanding the
provisions of any other law, a conviction under this section shall not merge
with a conviction of any other criminal offense, nor shall any other conviction
merge with a conviction under this section.
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes the
crime of gang shoplifting as a crime of the third degree.�
���� A person commits the crime of
gang shoplifting if, in concert or participation with one or more other
persons, the person enters the premises of a store or retail mercantile
establishment and in an open and conspicuous manner: (1) purposely or knowingly
takes possession of, carries away, transfers or causes to be carried away or
transferred, any item 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 the item or converting the item to
the use of the person without paying to the merchant the full retail value
thereof; or (2) purposely, knowingly, or recklessly tampers with tangible
property within or on the premises of the store or retail mercantile
establishment so as to endanger any person, or the property or premises of the
store or retail mercantile establishment, including the damaging or destroying
of any item on the premises of the store or retail mercantile establishment.
���� A crime of the third degree is
punishable by a term of imprisonment of three to five years, a fine of up to
$15,000, or both.
���� A person who commits gang
shoplifting is required to minimum term of imprisonment of not less than one
year, during which time the person is not eligible for parole.�
���� It is the intent of the
sponsor to address the rise in flash mobs which organize the looting of stores
in an open and conspicuous manner.