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S1526 TR
SENATE, No. 1526
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
Co-Sponsored by:
Senators Turner, McKnight, Holzapfel, Johnson, O'Scanlon,
Henry, Beach, Timberlake, Wimberly, Gopal and Greenstein
SYNOPSIS
���� Increases penalties for identity theft when victim is
a senior citizen or veteran.
CURRENT VERSION OF TEXT
���� As reported by the Senate Law and Public Safety
Committee with technical review.
��
An Act
concerning identity theft penalties and amending
N.J.S.2C:21-17 and P.L.2003, c.184.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� N.J.S.2C:21-17 is amended
to read as follows:
���� 2C:21-17.�� Impersonation;
Theft of identity; crime.
���� a.���� A person is guilty of a
crime if the person engages in one or more of the following actions by any
means including, but not limited to, the use of electronic communications or an
Internet website:
���� (1)��
[
Impersonates
]
impersonates
another or assumes a false identity and does an act in such assumed character
or false identity for the purpose of obtaining a benefit for himself or another
or to injure or defraud another;
���� (2)��
[
Pretends
]
pretends
to be a representative of some person or organization and does an act in such
pretended capacity for the purpose of obtaining a benefit for himself or
another or to injure or defraud another;
���� (3)��
[
Impersonates
]
impersonates
another, assumes a false identity or makes a false or misleading statement
regarding the identity of any person, in an oral or written application for
services, for the purpose of obtaining services;
���� (4)��
[
Obtains
]
obtains
any personal identifying information pertaining to another person and uses that
information, or assists another person in using the information, in order to
assume the identity of or represent himself as another person, without that
person's authorization and with the purpose to fraudulently obtain or attempt
to obtain a benefit or services, or avoid the payment of debt or other legal
obligation or avoid prosecution for a crime by using the name of the other
person; or
���� (5)��
[
Impersonates
]
impersonates
another, assumes a false identity or makes a false or misleading statement, in
the course of making an oral or written application for services, with the
purpose of avoiding payment for prior services.� Purpose to avoid payment for
prior services may be presumed upon proof that the person has not made full
payment for prior services and has impersonated another, assumed a false
identity or made a false or misleading statement regarding the identity of any
person in the course of making oral or written application for services.
���� As used in this section:
���� "Benefit" means, but
is not limited to, any property, any pecuniary amount, any services, any
pecuniary amount sought to be avoided or any injury or harm perpetrated on
another where there is no pecuniary value.
����
�Senior citizen� means a
natural person 62 years of age or older.
����
�Veteran� means any citizen
and resident of this State honorably discharged or released under honorable
circumstances from the active military service of the United States.
���� b.��� (Deleted by amendment,
P.L.2005, c.224).
���� c.���� A person who violates
subsection a. of this section is guilty of a crime as follows:
���� (1)��
[
If
]
if
the
actor obtains a benefit or deprives another of a benefit in an amount less than
$500 and the offense involves the identity of one victim, the actor shall be
guilty of a crime of the fourth degree except that a second or subsequent
conviction for such an offense constitutes a crime of the third degree
,
except that if the victim is a senior citizen or a veteran, a first offense
constitutes a crime of the third degree and a second or subsequent offense
constitutes a crime of the second degree
; or
���� (2)��
[
If
]
if
the
actor obtains a benefit or deprives another of a benefit in an amount of at
least $500 but less than $75,000, or the offense involves the identity of at
least two but less than five victims, the actor shall be guilty of a crime of
the third degree
, except that if any of the victims is a senior citizen or a
veteran, the offense constitutes a crime of the second degree
; or
���� (3)��
[
If
]
if
the
actor obtains a benefit or deprives another of a benefit in the amount of
$75,000 or more, or the offense involves the identity of five or more victims,
the actor shall be guilty of a crime of the second degree
, except that if
any of the victims is a senior citizen or a veteran, the offense constitutes a
crime of the first degree
.
���� d.��� A violation of
N.J.S.2C:28-7, constituting a disorderly persons offense, section 1 of
P.L.1979, c.264 (C.2C:33-15), section 64 of P.L.2021, c.16 (C.2C:35-10d),
R.S.33:1-81 or section 6 of P.L.1968, c.313 (C.33:1-81.7) in a case where the
person uses the personal identifying information of another to illegally
purchase an alcoholic beverage or for using the personal identifying
information of another to misrepresent the person's age for the purpose of
obtaining tobacco, any cannabis item, or other consumer product denied to
persons under 21 years of age shall not constitute an offense under this
section if the actor received only that benefit or service and did not
perpetrate or attempt to perpetrate any additional injury or fraud on another.�
���� e.���� The sentencing court
shall issue such orders as are necessary to correct any public record or
government document that contains false information as a result of a theft of
identity.� The sentencing court may provide restitution to the victim in
accordance with the provisions of section 4 of P.L.2002, c.85 (C.2C:21-17.1).
(cf:� P.L. 2021, c.25, s.14)
���� 2.��� Section 6 of P.L.2003,
c.184 (C.2C:21-17.3) is amended to read as follows:
���� 6.��� a. A person who
knowingly distributes, manufactures or possesses any item containing personal
identifying information pertaining to another person, without that person�s
authorization, and with knowledge that the actor is facilitating a fraud or
injury to be perpetrated by anyone is guilty of a crime of the fourth degree
,
except in cases where the item containing personal identifying information was
obtained through records owned or maintained by a continuing care retirement
community, nursing home, retirement community, or veterans� facility, the
offense shall constitute a crime of the third degree
.
���� b.��� (1)� If the person
distributes, manufactures or possesses 20 or more items containing personal
identifying information pertaining to another person, or five or more items
containing personal information pertaining to five or more separate persons,
without authorization, and with knowledge that the actor is facilitating a
fraud or injury to be perpetrated by anyone the person is guilty of a crime of
the third degree
, except in cases where the items containing personal
identifying information were obtained through records owned or maintained by a continuing
care retirement community, nursing home, retirement community, or veterans�
facility, the offense shall constitute a crime of the second degree
.
���� (2)�� If the person
distributes, manufactures or possesses 50 or more items containing personal
identifying information pertaining to another person, or
[
ten
]
10
or
more items containing personal identifying information pertaining to five or
more separate persons, without authorization, and with knowledge that the actor
is facilitating a fraud or injury to be perpetrated by anyone the person is
guilty of a crime of the second degree
, except in cases where the items
containing personal identifying information were obtained through records owned
or maintained by a continuing care retirement community, nursing home,
retirement community, or veterans� facility, the offense shall constitute a
crime of the first degree
.
���� c.���� Distribution,
manufacture or possession of 20 or more items containing personal identifying
information pertaining to another person or of items containing personal
identifying information pertaining to five or more separate persons without
authorization shall create an inference that the items were distributed,
manufactured or possessed with knowledge that the actor is facilitating a fraud
or injury to be perpetrated by anyone.
���� d.��� As used in this section:
����
�Continuing care retirement
community� means a residential facility primarily for retired persons where
lodging and nursing, medical or other health related services at the same or
another location are provided as continuing care to an individual pursuant to
an agreement effective for the life of the individual or for a period greater
than one year, including mutually terminable contracts, and in consideration of
the payment of an entrance fee with or without other periodic charges.
���� �Distribute� means, but is not
limited to, any sale, purchase, transfer, gift, delivery, or provision to
another, regardless of whether the distribution was for compensation.
���� �Item� means a writing or
document, whether issued by a governmental agency or made by any business or
person, recorded by any method that contains personal identifying information.�
Item includes, but is not limited to, an access device, book, check, paper, card,
instrument, or information stored in electronic form by way of e-mail or
otherwise, on any computer, computer storage medium, computer program, computer
software, computer equipment, computer system or computer network or any part
thereof, or by other mechanical or electronic device such as cellular
telephone, pager or other electronic device capable of storing information.
���� �
Nursing home� means a
facility providing therein nursing care to sick, invalid, infirm, disabled or
convalescent persons in addition to lodging and board or health-related
service, or any combination of the foregoing and in addition thereto, providing
nursing care and health-related service, or either of them, to persons who are
not occupants of the facility.
���� �
Retirement community�
means a retirement community which is registered with the Division of Housing
and Community Resources in the Department of Community Affairs pursuant to �The
Planned Real Estate Development Full Disclosure Act,� P.L.1977, c.419 (C.45:22A-21
et seq.).
����
�Veterans� facility� means
any home, institution, hospital, or part thereof, the admission to which is
under the jurisdiction of the Department of Veterans� Affairs.
(cf: P.L.2003, c.184, s.6)
���� 3.��� This act shall take
effect on the first day of the fourth month following enactment.