Increases monetary thresholds for grading of theft offenses.

S4301

SENATE, No. 4301

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 18, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Increases monetary thresholds for grading of theft
offenses.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
increasing the monetary thresholds for grading theft
offenses and amending N.J.S.2C:20-2.

����
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
]
$100,001
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
]

$100,001
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
]

$2,501
but
is less than
[
$75,000
]

$100,000
;

���� (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
]

$100,000
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
]

$100,000
;

���� (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
]

$100,000

or is undetermined.

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

$1,001

but does not exceed
[
$500
]

$2,500
.

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

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

$1,000
;
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)

���� 2. This act shall take effect on
January 1 next following the date of enactment.

STATEMENT

���� This bill amends the law
governing the grading of theft offenses to increase the monetary thresholds for
crimes of the second, third, and fourth degree, and disorderly persons
offenses. �Specifically, the bill increases the threshold for a disorderly
persons offense from less than $200 to less than $1,000; increases the
threshold for a crime of the fourth degree from $200 to $500 to $1,001 to
$2,500; increases the threshold for a crime of the third degree from $500 to
$75,000 to $2,501 to $100,000; and increases the threshold for a crime of the
second degree from $75,000 or more to $100,001 or more.

���� A crime of the second degree
is punishable by five to ten years of imprisonment, a fine of up to $150,000,
or both.� A crime of the third degree is punishable by three to five years of
imprisonment, a fine of up to $15,000 or both.� A crime of the fourth degree is
punishable by imprisonment for up to 18 months, a fine of up to $10,000, or
both.� A disorderly persons offense is punishable by imprisonment for up to six
months, a fine of up to $1,000, or both.�