Shoplifting in New Jersey

N.J.S.A. 2C:20-11 · Theft, Burglary & Property Offenses

What the law says

Shoplifting includes specified purposeful acts involving merchandise offered for sale, such as taking or concealing it, manipulating its price or packaging, under-ringing it, or removing a shopping cart without consent. The section also makes possessing or using an antishoplifting or inventory control device countermeasure inside a store or other retail mercantile establishment a disorderly persons offense.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:20-11, that means:

• Purposefully take possession of, carry away, transfer, or cause merchandise offered for sale to be carried away or transferred, intending to deprive the merchant of its possession, use, or benefit, or convert it to the person's use, without paying its full retail value.
• Purposefully conceal merchandise offered for sale, intending to deprive the merchant of its possession, use, or benefit, or convert it to the person's use, without paying its value.
• Purposefully alter, transfer, or remove a label, price tag, value marking, or other marking that helps determine merchandise value, and attempt to purchase the merchandise, personally or with another, for less than full retail value, intending to deprive the merchant of all or part of its value.
• Purposefully transfer merchandise from the container in or on which it is displayed to another container, intending to deprive the merchant of all or part of its retail value.
• Purposefully cause a cash register or other sale-recording device to reflect less than the merchandise's full retail value, intending to deprive the merchant of that value.
• Purposefully remove a shopping cart from the store's premises without the merchant's consent given at the time of removal, intending permanently to deprive the merchant of the cart's possession, use, or benefit.
• Possess or use an antishoplifting or inventory control device countermeasure within a store or other retail mercantile establishment.

How the charge is graded

• Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000 or more, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is $1,000 or more.
• Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in furtherance of or in conjunction with an organized retail theft enterprise and the full retail value of the merchandise is less than $1,000.
• Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200 but does not exceed $500.
• Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.
• Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense.

Penalties in the statute

• For a first offense, at least ten days of community service.
• For a second offense, at least 15 days of community service.
• For a third or subsequent offense, a maximum of 25 days of community service.
• Any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• The value of the merchandise involved may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.
• An organized retail theft enterprise means any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise.
• A person who purposely conceals unpurchased merchandise, either on or outside the store's premises, is prima facie presumed to have concealed it with the intention of depriving the merchant of its possession, use, or benefit without paying full retail value. Finding merchandise concealed upon the person or among that person's belongings is prima facie evidence of purposeful concealment.
• If a person conceals, or causes to be concealed, merchandise upon another person or among another person's belongings, finding the merchandise there is prima facie evidence of willful concealment by the person who concealed it.
• A law enforcement officer, special officer, or merchant with probable cause to believe a person willfully concealed unpurchased merchandise and that it can be recovered by taking the person into custody may take the person into custody to attempt recovery and detain the person in a reasonable manner for not more than a reasonable time. The taking into custody shall not render the person criminally or civilly liable in any manner or to any extent whatsoever.
• A law enforcement officer may arrest without warrant any person the officer has probable cause to believe committed shoplifting as defined in this section.
• A merchant who causes a person's arrest for shoplifting as provided in this section shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause to believe the person arrested committed shoplifting.
• A shopping cart may be removed from the store's premises with the merchant's consent given at the time of removal.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to deprive the owner, or a good-faith claim of right
• Disputing the value used to grade the offense
• Identification problems and gaps in surveillance video
• Restitution and diversion as paths to avoid a conviction

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Shoplifting charge.

Related charges

• Burglary →
• Criminal Trespass →
• Arson →
• Criminal Mischief →
• Theft Grading in New Jersey →
• Theft by Unlawful Taking →
• Receiving Stolen Property →
• Theft of Services →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.