Changes monetary threshold for certain fourth degree theft crimes.

S3449

SENATE, No. 3449

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 9, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

���� Changes monetary threshold for certain fourth degree
theft crimes.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning theft crimes and amending
N.J.S.2C:20-2 and N.J.S.2C:21-17.

����
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 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;

���� (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.

���� (3) Theft constitutes a crime
of the fourth degree if the amount involved is at least $
[
200
]

$100

but does not exceed $500.

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

���� (a) The amount involved was
less than
[
$200
]

$100
;
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.

����
e.���� Notwithstanding the
provisions of N.J.S.2C:43-6 or any other provision of law to the contrary, a
person convicted of theft, pursuant to this chapter, as an indictable offense
shall be sentenced to a minimum term of imprisonment of not less than one year.

(cf: P.L.2023, c.101, s.4)

���� 2.��� 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 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 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 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 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 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.

���� 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 the actor obtains a
benefit or deprives another of a benefit in an amount less than
[
$500
]

$100

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; or

���� (2)�� If the actor obtains a
benefit or deprives another of a benefit in an amount of at least
[
$500
]

$100

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; or

���� (3)�� 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.

���� 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).

����
e.���� Notwithstanding the
provisions of N.J.S.2C:43-6 or any other provision of law to the contrary, a
person convicted of theft, pursuant to this section, as an indictable offense
shall be sentenced to a minimum term of imprisonment of not less than one year.

(cf: P.L.2021, c.25, s.14)

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

STATEMENT

���� This bill changes monetary
threshold to $100 for certain fourth degree theft crimes, where the monetary
threshold was previously set at a higher amount.

���� Under current law contained
within the consolidated theft statute, N.J.S.2C:20-2, theft constitutes a crime
of the fourth degree if the amount involved is at least $200 but does not
exceed $500, and constitutes a disorderly persons offense if the amount
involved was less than $200.� The bill amends N.J.S.2C:20-2, under which theft
would constitute a crime of the fourth degree if the amount involved is at
least $100 but does not exceed $500, and constitutes a disorderly persons
offense for crimes involving was less than $100. �The bill also provides that a
person convicted of theft as an indictable offense is to be sentenced to a
minimum term of imprisonment of not less than one year.

���� Current law, under
N.J.S.2C:21-17, provides that a person is guilty of identity theft if the
person engages in certain deceptive actions, defined under the statute, by any
means including, but not limited to, the use of electronic communications or an
Internet website.� Under N.J.S.2C:21-17, a person is guilty of a crime of the
fourth degree, if the person obtains a benefit or deprives another of a benefit
in an amount less than $500 and the offense involves the identity of one victim;
and guilty of a crime of the third degree, if the person 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 bill amends the statute to provide that a person is guilty of
a crime of the fourth degree, if the person obtains a benefit or deprives
another of a benefit in an amount less than $100 and the offense involves the
identity of one victim; and guilty of a crime of the third degree, if the
person obtains a benefit or deprives another of a benefit in an amount of at
least $100 but less than $75,000, or the offense involves the identity of at
least two but less than five victims

���� A disorderly persons offense
is punishable by a term of imprisonment of up to six months, a fine of up to
$1,000, or both.� A crime of the fourth degree is punishable by a term of
imprisonment of up to 18 months, a fine of up to $10,000, or both.� A crime of
the third degree is punishable by a term of up three to five years, a fine of
up to $15,000, or both.�