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A4376
ASSEMBLY, No. 4376
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
SAAssemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Establishes crime of selling certain counterfeit
items; establishes enhanced penalties for crime if committed against senior
citizens.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning counterfeit items and senior citizens 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 is guilty
of a crime of the third degree if he violates the provisions of N.J.S.2C:20-4,
Theft by Deception; N.J.S.2C:21-1, Forgery and Related Offenses; or the
provisions of any other law by:
���� (1)�� purposely or knowingly
creating or reinforcing a false impression that coins or bullion the person is
selling or offering for sale are made of, or contain, gold, silver, or other
precious metals, or that they are made of, or contain, an amount, grade, or
composition of precious metals in an amount greater than is actually present in
the coin or bullion presented;
���� (2)�� purposely or knowingly
creating or reinforcing a false impression that coins the person is selling or
offering for sale are graded and authenticated by a professional precious metal
grading service by, among other means, presenting the coin inside a sealed
plastic holder that resembles a legitimate holder used by a legitimate
professional precious metal grading service; or
���� (3) purposely or knowingly
altering a coin to create or reinforce a false impression that the coin is
valued in an amount that is actually greater than the actual value of coin.
���� b.��� In addition to any other
disposition, the court shall order a person convicted of a violation of this
section to pay compensation to the victim in the amount of three times the
amount of damages which the victim sustains.
���� c.���� Notwithstanding the
provisions of subsection a. of N.J.S.2C:43-6, if the victim of the offense set
forth in this section is a senior citizen, the defendant shall be sentenced to
a term of imprisonment by the court which shall be fixed at, or between,
one-third and one-half of the sentence imposed by the court or one year,
whichever is greater, during which the defendant shall be ineligible for
parole.� As used in this subsection, �senior citizen� means a person 62 years
of age or older.
���� d.��� Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising
under this section shall not merge with a conviction for any other offense.
���� 2. This act shall take effect
immediately.
STATEMENT
���� This bill establishes the
third degree crime of committing fraud by deception related to counterfeit
gold, silver, or other precious metals against senior citizens.
���� Under the bill, a person would
be guilty of a crime of the third degree if the person violates the provisions
of N.J.S.A.2C:20-4, theft by deception, or N.J.S.A.2C:21-1, forgery, by (1)
purposely or knowingly creating or reinforcing a false impression that coins or
bullion that the person is selling or offering for sale are made of, or
contain, gold, silver, or other precious metals, �or that they are made of, or
contain, an amount, grade, or composition of precious metals in an amount
greater than is actually present in the coin or bullion presented; (2)
purposely or knowingly creating or reinforcing a false impression that coins
the person is selling or offering for sale are graded and authenticated by a
professional precious metal grading service by, among other means, presenting
the coin inside a sealed plastic holder that resembles a legitimate holder used
by a legitimate professional precious metal grading service; or (3) purposely
or knowingly altering a coin to create or reinforce a false impression that the
coin is valued in an amount that is actually greater than the actual value of
coin.
���� Under current law, theft
crimes are graded pursuant to N.J.S.A.2C:20-2, and theft ranges from a second
degree crime to a disorderly persons offense depending on various factors and
the amount of theft.� The amount of theft is determined by the trier of fact.�
Under the bill, it would be a crime of the third degree to be found guilty of
theft by deception under N.J.S.A.2C:20-4, if committed in violation of the
provisions of the bill.� A crime of the third degree is punishable by three to
five years imprisonment, a fine of up to $15,000, or both.
���� Under current law, forgery,
N.J.S.A.2C:21-1, is a crime of the third degree or fourth degree.� Under the
bill, forgery committed in violation of the bill would be a third degree crime.
���� Moreover, the bill provides
that in addition to any other disposition, the court would order a person
convicted of a violation of the statute to pay compensation to the victim in
the amount of three times the amount of damages which the victim sustains.� The
bill provides that the conviction would not merge with a conviction for any
other offense.
���� Finally, under the bill, if
the victim of the crime is a senior citizen, the defendant would be sentenced
to a mandatory term of imprisonment fixed at, or between, one-third and
one-half of the sentence imposed by the court or one year, whichever is greater,
during which the defendant would be ineligible for parole.� The bill defines
�senior citizen� as a person 62 years of age or older.