I. Shoplifting and Theft from a Library Facility
Concealment of unpurchased property raises an
inference of an intent to shoplift. N.J.S.A. 2C:20-11d;
N.J.S.A. 2C:20-11a(6). Shoplifting includes purposeful
concealment with the purpose of taking merchandise,
State v. Smith, 195 N.J. Super. 468, 471 (Law Div. 1984),
theft of merchandise, deprivation of merchandise from
the merchant’s benefit, purposeful alteration of
merchandise prices coupled with an attempt to purchase
the merchandise, purposeful under-ringing of merchan-
dise, purposeful transfer of merchandise from one price
display or container to a lower display or container
coupled with an attempt to purchase the merchandise, or
theft of a shopping cart. N.J.S.A. 2C:20-11b; N.J.S.A.
2C:20-11a(9). It is a disorderly persons offense to possess
or use any anti-shoplifting or inventory control device
countermeasure within any store. N.J.S.A. 2C:20-11f.
On August 28, 2000, the Attorney General issued
uniformity guidelines for shoplifting prosecutions.
N.J.S.A. 2C:20-11.1.
N.J.S.A. 2C:20-12 et seq. provides provisions
analogous to shoplifting for library facilities, which are
defined as any public library, or library of an educational,
historical, or charitable institution, organization or
society, or any museum.
J. Computer Theft
Jurisdiction for prosecution will lie if the location of
the accessing computer, accessed computer, or actual
damages occur in the State. N.J.S.A. 2C:20-34; N.J.S.A.
2C:1-3. Copying or altering a computer program that is
less than $1,000 is exempted from prosecution under
this chapter and the chapter relating to forgery and fraud.
N.J.S.A. 2C:20-33.
- Access, alteration or damage without a value
assessment
Unauthorized purposeful access of a computer
without damaging or altering is a disorderly persons
offense. N.J.S.A. 2C:20-32. Unauthorized purposeful
access of a computer with a resulting disclosure of the
contents of the computer, the value of which cannot be
assessed, is a third-degree crime. N.J.S.A. 2C:20-31.
Unauthorized purposeful access of a computer that alters
or damages the computer or its contents, the value of
which cannot be assessed, is a third-degree crime.
N.J.S.A. 2C:20-30.
- Access, alteration, damage or conversion
It is a crime to purposely or knowingly without
authority alter or damage a computer or its contents,
obtain property or services from the computer owner or
a third party, or alter or obtain a financial instrument.
N.J.S.A. 2C:20-25.Computer damage may be assessed by fair market
value, if there is a willing buyer and seller, or by the cost
of the computer or its contents. N.J.S.A. 2C:20-24. It
is a second-degree crime if the act causes more than
$75,000 in damage or substantially interrupts public
services. It is a third-degree crime if the actor is reckless
and causes more than $75,000 in damage. N.J.S.A.
2C:20-26. It is a third-degree crime if the act causes more
than $500 and less than $75,000 in damage. It is a
fourth-degree crime if the actor is reckless. N.J.S.A.
2C:20-27. It is a fourth-degree crime if the act causes
more than $200 and less than $500 in damage. It is a
disorderly persons offense if the actor is reckless. It is a
disorderly persons offense if the act causes less than $200
in damage. It is a petty disorderly persons offense if the
actor is reckless.K. Government Benefits TheftN.J.S.A. 2C:20-35 et seq. proscribes theft of certain
government benefits. Purposely or knowingly and
without authority taking, receiving, transferring, or
converting more than $150 of food stamp coupons is a
fourth-degree crime. N.J.S.A. 2C:20-36. If it is less than
$150, it is a disorderly persons offense. N.J.S.A. 2C:20-
37.III. STORE AND LIBRARY FACILITY DETEN-
TIONS
N.J.S.A. 2C:20-11e and 2C:20-14 permit law
enforcement, special officers, merchants, or library
personnel with objective probable cause, or well-
grounded suspicion, to detain or arrest a person. Carollo
v. Supermarkets General, 251 N.J. Super. 264 (App. Div.
1991), certif. den., 127 N.J. 559 (1992); Pantalone v.
Bally’s Park Place, 228 N.J. Super. 121, 127-28 (App.
Div. 1988). The library subsection requires library
facilities to post a sign regarding reasonable detentions.
N.J.S.A. 2C:20-15. A four-hour detention and
interrogation of a 17-year old store employee for
preparing fraudulent refund receipts does not fall within
the privilege in N.J.S.A. 2C:20-11 permitting merchants
to detain shoplifting suspects for investigation and
protecting against malicious prosecution claims.