New Jersey § 2c:20-11

§ 2c:20-11.

a. Definitions. The following definitions apply to this section: (1) “ Shopping cart ” means those push carts of the type or types which are commonly provided by grocery

stores, drug stores or other retail mercantile establishments for the use of the public

in transporting commodities in stores and markets and, incidentally, from the stores

to a place outside the store; (2) “ Store or other retail mercantile establishment ” means a place where merchandise is displayed, held, stored or sold or offered to

the public for sale; (3) “ Merchandise ” means any goods, chattels, foodstuffs or wares of any type and description, regardless

of the value thereof; (4) “ Merchant ” means any owner or operator of any store or other retail mercantile establishment,

or any agent, servant, employee, lessee, consignee, officer, director, franchisee

or independent contractor of such owner or proprietor; (5) “ Person ” means any individual or individuals, including an agent, servant or employee of

a merchant where the facts of the situation so require; (6) “ Conceal ” means to conceal merchandise so that, although there may be some notice of its presence,

it is not visible through ordinary observation; (7) “ Full retail value ” means the merchant's stated or advertised price of the merchandise; (8) “ Premises of a store or retail mercantile establishment ” means and includes but is not limited to, the retail mercantile establishment;

any common use areas in shopping centers and all parking areas set aside by a merchant

or on behalf of a merchant for the parking of vehicles for the convenience of the

patrons of such retail mercantile establishment; (9) “ Under-ring ” means to cause the cash register or other sale recording device to reflect less

than the full retail value of the merchandise; (10) “ Antishoplifting or inventory control device countermeasure ” means any item or device which is designed, manufactured, modified, or altered to

defeat any antishoplifting or inventory control device ; (11) “ 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 . b. Shoplifting. Shoplifting shall consist of any one or more of the following acts: (1) For any person purposely to 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 mercantile establishment with the intention

of depriving the merchant of the possession, use or benefit of such merchandise or

converting the same to the use of such person without paying to the merchant the full

retail value thereof. (2) For any person 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 same to the use of such person without paying to the merchant the value

thereof. (3) For any person 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 mercantile establishment and to attempt to purchase such merchandise personally

or in consort with another at less than the full retail value with the intention of

depriving the merchant of all or some part of the value thereof. (4) For any person 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 thereof. (5) For any person purposely to under-ring with the intention of depriving the merchant

of the full retail value thereof. (6) For any person purposely to remove a shopping cart from the premises of a store

or other retail mercantile 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. c. Gradation. (1) 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 . (2) 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 . (3) 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. (4) Shoplifting is a disorderly persons offense under subsection b. of this section

if the full retail value of the merchandise is less than $200. The value of the merchandise involved in a violation of this section 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. Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8 , any person convicted of a shoplifting offense shall be sentenced to perform community

service as follows: for a first offense, at least ten days of community service;

for a second offense, at least 15 days of community service; and for a third or subsequent

offense, a maximum of 25 days of community service and any person convicted of a third

or subsequent shoplifting offense shall serve a minimum term of imprisonment of not

less than 90 days. d. Presumptions. Any person purposely concealing unpurchased merchandise of any store or other retail

mercantile establishment, either on the premises or outside the premises of such store

or other retail mercantile establishment, shall be prima facie presumed to have so

concealed such merchandise with the intention of depriving the merchant of the possession,

use or benefit of such merchandise without paying the full retail value thereof, and

the finding of such merchandise concealed upon the person or among the belongings

of such person shall be prima facie evidence of purposeful concealment; and if such

person conceals, or causes to be concealed, such merchandise upon the person or among

the belongings of another, the finding of the same shall also be prima facie evidence

of willful concealment on the part of the person so concealing such merchandise. e. A law enforcement officer, or a special officer, or a merchant, who has probable

cause for believing that a person has willfully concealed unpurchased merchandise

and that he can recover the merchandise by taking the person into custody, may, for

the purpose of attempting to effect recovery thereof, take the person into custody

and detain him in a reasonable manner for not more than a reasonable time, and the

taking into custody by a law enforcement officer or special officer or merchant shall

not render such person criminally or civilly liable in any manner or to any extent

whatsoever. Any law enforcement officer may arrest without warrant any person he has probable

cause for believing has committed the offense of shoplifting as defined in this section. A merchant who causes the arrest of a person for shoplifting, as provided for in this

section, shall not be criminally or civilly liable in any manner or to any extent

whatsoever where the merchant has probable cause for believing that the person arrested

committed the offense of shoplifting. f. 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.