Shoplifting costs the United States retail market billions of dollars every year and can have dramatic affects on local and national commerce. In the year 2000, the state of New Jersey introduced tough new measures to ensure that shoplifters would feel the immediate and long-term financial and social cost of their crime.
A shoplifting offense has been committed if an individual:
1. Carries away any merchandise held or stored in a retail establishment with the intent of depriving the merchant without payment.
2. Uses any manner of concealment to hide merchandise with the intent of removing it from the store without payment.
3. Alters, transfers or removes the price-tag of the merchandise in order to attain the goods at a lower price than stated.
4. Transfers any merchandise from the display container with intent to exit from the store without providing payment.
5. Purposely undercharges a customer for goods in order to deprive the merchant of the full retail value.
6. Removes a shopping cart from the store premises without the merchant's express permission.
It is the responsibility of the retailer to prove that the shoplifting occurred with deliberate intent and was not accidental. If the goods are concealed on the accused, then it is assumed that the individual was willfully attempting to shoplift the merchandise.
The punishment for shoplifting is graded based on the retail value of the stolen item(s). If a classification cannot be downgraded, it means that the minimum sentence must be handed down without exception. These grades, from the lowest to the highest, and the associated punishments are as follows:
A disorderly persons offense verdict will be given if the value of the goods taken does not exceed $200. The associated punishment may be either a $1000 fine or a jail term of up to six months. Where the judge deems it appropriate, both a monetary fine and incarceration may be applied to the convicted.
The classification of fourth degree shoplifting is incurred by the theft of goods valued between $200 and $500. Possible sentencing includes a fine of up to $10,000, a maximum of eighteen months imprisonment, or both. This may be downgraded to a disorderly persons offense if relevant to the case.
A verdict of third degree shoplifting will be handed down for goods valued in excess of $500 but below $75,000. This classification of shoplifting is likely to result in five to eight years in jail and a fine of as much as $10,000. Depending on the intricacies of the case, imprisonment or a fine may be handed down, rather than a combination of the two. This may only be downgraded to a municipal court if there are issues in trial.
When goods worth in excess of $75,000 are stolen, the crime is classified as second degree shoplifting. If an individual is found guilty of this, then they may receive a maximum penalty of $150,000 and/or incarceration for five to ten years. Second degree shoplifting may not be downgraded.
Depending on the number of prior shoplifting offenses, mandatory sentences are applicable. In the first offense, a minimum of ten days community service must be completed. Upon the second offense, this is increased to twenty days. Any further convictions will carry a mandatory punishment of twenty-five days community service and a minimum ninety day jail sentence in addition to the potential punishments listed above.
These mandatory sentences do not apply in the cases of juvenile defendants.
In addition to the sentence handed down by the criminal court, a shoplifter may find themselves facing a civil law suit from the prosecuting retailer, who are within their rights to claim compensation for their losses, including the financial cost of court and legal fees. A convicted shoplifter will receive notification of any civil action via the retailer's civil legal team.
The grading system applied to shoplifting in New Jersey means that such criminal acts can carry a sizable financial and social cost for the theft of items with minimal retail value. The law is designed to act as a deterrent to thrill-seekers and professional shoplifters alike, and New Jersey's judges are encouraged to apply the maximum sentence possible while taking all aspects of individual cases into consideration.