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Legal information: Why shoplifting in New Jersey could cost you more than you think

by Shell Martin

Created on: December 11, 2008   Last Updated: April 04, 2011

Shoplifting is not that bad...Right? Wrong. Many people believe that if they are caught shoplifting then they just have to repay the value of the merchandse or give the merchandise back. Wrong again. Shoplifting can cost you more than you think. Understand that shoplifting in New Jersey is a serious offense and carries severe penalties. New Jersey law states that all shoplifters will be prosecuted to the extent of the law regardless of whether the retailer retains counsel. The fllowing sums up how shoplifting can cost more than what you may think.

All penalties for shoplifting are based on full retail value. Full retail value can dramatically change the seriousness of the charges. Full retail value is not necessarily the price of the merchandise at the time of the offense. For example, the item(s) shoplifted was on sale for $199.99 but the full retail value is 500.01. The shoplifter will face the penalties associated with the higher value. In this example, it becomes a third degree offense instead of a disorderly person offense.

Here is a look at the different levels of offenses and the penalties associated with them.

Disorderly Person's Offense

If the full value of the merchandise is $199.99 or less then the penalties are up to 6 months imprisonment AND up to $1000 fine.

Fourth Degree Shoplifting

If the full retail value is between $200 and $500 then the penalties are up to 18 months imprisonment AND up to a $10,000 fine.

Third Degree Shoplifting

If the full retail value is between $500.01 and $74,999.99 then the penalties are 3 to 5 years imprisonment AND up to a $15,000 fine.

Second Degree Shoplifting

If the full retail value is $75,000 or over then the penalties are 5 -10 years imprisonment AND a fine of up to $150,000.

Additional Mandatory Penalties

These penalties are the law and the judge has to impose them. For a first offense, at least 10 days of community service will be added in addition to the penalties outlined above. For a second offense, at least 15 days of community service will be added and for a third or subsequent offense, up to 25 days of community service AND imprisonment for NO LESS than 90 days will be added to the penalties that are outlined above.

The Aggregate Effect

New Jersey law allows offenses to be aggregate. Meaning that the full value of offenses can be ADDED together, resulting in a more serious charge and subsequent penalties. For example, a person is arrested for shoplifting in three different stores over the course of the

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