The Law Offices of Edward Harrington Heyburn, PC

In New Jersey, what acts are counted as shoplifting?

Taking away merchandise with the intention of paying less than the full price to the merchant Hiding merchandise on your body or something you’re carrying with the intention of not paying for it. Removing, altering, or transferring a price tag with the intention of paying less than the full price to the merchant. Transferring merchandise from the container in which it’s displayed to another container with the intention of paying less than the full price to the merchant (for example, putting a small item inside a large item and only paying for the larger item)
Under-ringing with the intention of paying less than the full price to the merchant
Removing a shopping cart with the intention of not returning it
Intention? How do I prove someone “intended” not to pay me?

There is a presumption in the law that if you find unpurchased merchandise hidden on someone or in their belongings, that he or she hid it deliberately and intends not to pay for it.

What are the penalties for shoplifting?

It depends on the “full retail value” of the merchandise that was stolen.

• 2nd Degree, if the full retail value of property is $75,000 or more; penalties are imprisonment of 5-10 years and fine up to $150,000
• 3rd Degree; if the full retail value is over $500 but less than $75,000; penalties are imprisonment of 3-5 years and a fine up to $15,000
• 4th Degree; if the full retail value of of the property is between $200 and $500; penalties are imprisonment up to 18 mos. and a fine up to $10,000
• Disorderly Persons Offense; if the full retail value of of the property is under $200; penalties include imprisonment up to 6 mos. and a fine up to $1,000

Additional mandatory penalties include:

for a first offense, at least 10 days of community service
for a second offense, at least 15 days of community service
for a third or subsequent offense, up to 25 days of community service AND imprisonment for no less than 90 days