Shoplifting may seem like a minor offense to some, but in New Jersey, it is taken very seriously and can result in severe legal consequences. Whether it’s taking merchandise without paying, tampering with price tags, or even under-ringing at a self-checkout, shoplifting can carry heavy penalties, including fines, jail time, and long-lasting impacts on your criminal record. Here’s a closer look at what you can expect if you’re caught shoplifting in New Jersey.
- Shoplifting Defined in New Jersey
Under N.J.S.A. 2C:20-11, shoplifting is broadly defined and includes several types of unlawful conduct:
- Taking merchandise from a store without paying
- Concealing items with the intent to take them
- Altering or removing price tags to pay less
- Transferring merchandise between containers (e.g., switching price labels)
- Under-ringing items at a checkout to pay less
- Removing shopping carts from store premises without authorization
In New Jersey, the value of the items stolen determines the severity of the charges and penalties. The consequences escalate with the value of the stolen goods.
- Criminal Penalties for Shoplifting
Shoplifting charges in New Jersey are classified as either a disorderly persons offense (misdemeanor) or an indictable offense (felony), depending on the value of the stolen goods.
- Disorderly Persons Offense (value less than $200):
- Fines up to $1,000
- Up to 6 months in jail
- Possible community service
- Fourth-Degree Crime (value between $200 and $500):
- Fines up to $10,000
- Up to 18 months in prison
- Third-Degree Crime (value between $500 and $75,000):
- Fines up to $15,000
- 3 to 5 years in prison
- Second-Degree Crime (value over $75,000):
- Fines up to $150,000
- 5 to 10 years in prison
Beyond fines and jail time, a conviction for shoplifting can lead to additional consequences, such as mandatory community service. For first-time offenders, courts often impose 10 days of community service. Repeat offenders can face up to 25 days.
- Civil Penalties for Shoplifting
In addition to criminal penalties, New Jersey law allows retailers to pursue civil penalties from shoplifters. Merchants can file a civil lawsuit to recover the cost of the stolen merchandise, damages, and legal fees. Under **N.J.S.A. 2A:61C-1, shoplifters may be required to pay:
- The retail value of the merchandise (if not recovered in saleable condition)
- A civil penalty of up to $150
- Reasonable attorney’s fees and legal costs
These civil penalties can be pursued regardless of whether the individual is convicted of a crime, meaning shoplifters can face financial liabilities even without a criminal conviction.
- Impact on Your Criminal Record
A shoplifting conviction can have lasting effects on a person’s life, even for a first-time offender. Having a criminal record for theft can impact:
- Employment Opportunities: Many employers perform background checks, and a theft conviction may hinder your chances of getting a job.
- Professional Licensing: Certain professions that require licenses (e.g., lawyers, doctors, nurses) may reject applicants with a criminal record.
- Immigration Consequences: For non-U.S. citizens, a shoplifting conviction could have immigration consequences, including deportation or denial of citizenship applications.
In New Jersey, shoplifting convictions are treated as theft offenses, which remain on your criminal record permanently. However, individuals may be able to pursue expungement after a period of time, depending on the severity of the offense and other factors.
- Shoplifting Diversion Programs
First-time shoplifting offenders may be eligible for a pre-trial intervention (PTI) program or conditional dismissal in New Jersey. These programs offer the possibility of avoiding a criminal conviction by completing court-mandated conditions such as:
- Community service
- Paying fines or restitution
- Attending counseling or educational programs
Upon successful completion of the program, charges may be dismissed, preventing a criminal conviction from appearing on your record.
- Repeat Offenders
New Jersey law imposes harsher penalties for repeat offenders. A second or subsequent shoplifting conviction requires mandatory jail time:
- Second offense: At least 10 days in jail
- Third or subsequent offense: Mandatory 90 days in jail
Shoplifting in New Jersey is not just a minor offense—it comes with serious consequences, from hefty fines and possible jail time to long-term damage to your criminal record. The state takes a tough stance on shoplifting to deter theft and protect retailers, and even a small infraction can lead to significant legal, financial, and personal repercussions.
If you’re facing shoplifting charges, it’s crucial to contact the DiMaria Law Firm to understand your options. Depending on the circumstances, you may be eligible for diversion programs that can help minimize the impact on your life. Remember, even a seemingly minor offense can have long-lasting effects, so it’s essential to take the matter seriously.