cdTOCtest

432 (1993); cf. N.J.S.A. 2C:20-2b, grading theft offense
by amount involved.

C. Merger

Where there is a prosecution under this section and
under N.J.S.A. 2C:20-9 (theft by failure to make
required disposition of property), for precisely the same
facts, under the same proofs and involving the same
victims, only one conviction may be entered and there
should be a merger. State v. Damiano, supra, 322 N.J.
Super. at 45; State v. Pescatore, supra, 213 N.J. Super. at
24-25; see also State v. Crawley, 149 N.J. 310, 316
(1997) (generally discussing constitutional issues
involving merger).

XXII. SECURING EXECUTION OF DOCU-

MENTS BY DECEPTION

It is a fourth degree crime for a person who, by
deception as to the contents of the instrument, causes or
induces another to execute any instrument affecting,
purporting to affect, or likely to affect the pecuniary
interest of any person. N.J.S.A. 2C:21-16.

This section fills a gap left by the theft statute, which
deals with theft of property and theft of services, but does
not deal with the securing of signatures on documents.
See N.J.S.A. 2C:20-4; N.J.S.A. 2C:20-8.

“Deception” under this section follows the same
definition given in the Theft by Deception statute. See
N.J.S.A. 2C:20-4. The deceiver must act purposely to
create or reinforce a false impression by (i) purposely
preventing another from acquiring information which
affects his judgment of a transaction or (ii) purposely
failing to correct a false impression which the deceiver
previously created or reinforced, or which he knows to be
influencing another to whom he stands in a fiduciary or
confidential relationship. Id.

The offense occurs only if the deception involves the
contents of the instrument. A false promise to give a
consideration for signing is not covered by this section.
Also, the person whose pecuniary interest is affected need
not be the person induced to execute the instrument at
issue for the offense to occur. Cannel, Criminal Code
Annotated, N.J.S.A. 2C:21-16, comment 2.

XXIII. IMPERSONATION; THEFT OF IDEN-

TITY

A. Offenses

It is a crime for a person to:

1. impersonate another or assume a false identity for
   the purpose of obtaining a pecuniary benefit for himself
   or another or to injure or defraud another;


2. pretend to be a representative of some person or
   organization for the purpose of obtaining a pecuniary
   benefit for himself or another or to injure or defraud
   another;


3. impersonate another, assume a false identity, or
   make a false or misleading statement regarding the
   identity of any person, in an oral or written application
   for services for the purpose of obtaining services; or


4. obtain any personal identifying information
   pertaining to another and use that information, or assist
   another in using the information, in order to assume the
   identity of or represent himself as another, without that
   other person’s authorization, and with the purpose to
   fraudulently obtain or attempt to obtain a pecuniary
   benefit or services, or avoid the payment of a debt or other
   legal obligation or avoid prosecution for a crime by using
   the name of the other person. N.J.S.A. 2C:21-17a.

“Personal identifying information” includes, but is

not limited to, the name, address, telephone number,

social security number, place of employment, employee

identification number, demand deposit account

number, savings account number, credit card number or

mother’s maiden name of an individual. Id.

It is a crime for a person who, in the course of making

an oral or written application for services, impersonates

another, assumes a false identity or makes a false or

misleading statement with the purpose of avoiding

payment for prior services. N.J.S.A. 2C:21-17b.

Purpose to avoid payment for prior services may be

presumed upon proof that the person has not made full

payment for prior services and has impersonated another,

assumed a false identity or made a false or misleading

statement regarding the identity of any person in the

course of making an oral or written application for

services. Id.