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Shoplifting in New Jersey

In New Jersey, a person who commits shoplifting might look into New Jersey Statute 2C:20-11 which defines shoplifting as any one or more of the following:

1. Purposely take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the merchandise to use without paying to the merchant the full retail value.

Merchandise includes any goods and food, regardless of the value. Taking a candy bar, worth 50 cents, without paying is as much shoplifting, as taking an iPad, worth over $100. Merchant includes any owner of any store or other retail establishment, or any agent, employee, or independent contractor who works for the owner.

2. Purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the merchandise to the use of such person without paying to the merchant the value.

Examples of this include stuffing Oreo cookies into a pocket or putting chips in a purse.

3. Purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail establishment and to attempt to purchase such merchandise at less than the full retail value with the intention of depriving the merchant of all or some part of the value.

This means, for example, pulling a price sticker from a discount shoe, and putting it on top of a regular price shoe.

4. Purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value.

This means, for example, when buying oranges in a bag, pulling from another bag additional oranges to make a bag bigger.

5. For any person purposely to under-ring with the intention of depriving the merchant of the full retail value.

This means, for example, having a friend who works at the counter to give a discount on the merchandise.

6. Purposely to remove a shopping cart from the premises of a store or other retail establishment without the consent of the merchant given at the time of such removal with the intention of permanently depriving the merchant of the possession, use or benefit of such cart.

This means, for example, taking a shopping cart from a grocery store, and giving it to a homeless person to use for recycling items, with the intent not to return the shopping cart to the store.

When faced with criminal charges for shoplifting, engage a New Jersey criminal defense attorney who knows how to interpret criminal statutes to reduce prison time and penalties. Contact the Law Office of Jason A. Volet at (732) 503-8968 or fill out the form on the right.

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