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:
- 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; - 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; - 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 - 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.