New Jersey Theft Laws: Degrees, Penalties and Shoplifting (2026)

New Jersey's criminal code does not use the word "felony." Under N.J.S. 2C:20-2(b), theft becomes a crime of the fourth degree when the amount involved is at least $200 but does not exceed $500, a crime of the third degree when it exceeds $500 but is less than $75,000, and a crime of the second degree at $75,000 or more; theft of less than $200 is a disorderly persons offense. Shoplifting has its own section, N.J.S. 2C:20-11, which uses the same value lines and adds mandatory community service on every conviction and a 90-day minimum jail term for a third or subsequent shoplifting offense. For the rules in other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Jersey's state theft statutes in Chapter 20 of Title 2C of the New Jersey Statutes (including 2C:20-1, 2C:20-2, 2C:20-3, 2C:20-10 through 2C:20-11.3 and the related sections listed below), the sentencing provisions in 2C:43-3, 2C:43-6 and 2C:43-8, P.L. 2025, c.39, and the civil shoplifting remedy in N.J.S.A. 2A:61C-1. It does not cover federal theft offenses, municipal ordinances, or identity theft and fraud schemes, which have their own pages linked below.

How New Jersey defines theft

New Jersey treats theft as one offense that can be committed in several ways. Section 2C:20-2(a) provides: "Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction."

The basic form is theft by unlawful taking. Under N.J.S. 2C:20-3(a), "A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof."

"Deprive" is defined for Chapters 20 and 21 in 2C:20-1(a): "(1) to withhold or cause to be withheld property of another permanently or for so extended a period as to appropriate a substantial portion of its economic value, or with purpose to restore only upon payment of reward or other compensation; or (2) to dispose or cause disposal of the property so as to make it unlikely that the owner will recover it." "Property" means "anything of value, including real estate, tangible and intangible personal property" (2C:20-1(g)).

New Jersey theft grading table: thresholds and penalties

New Jersey grades by degree of crime, not by felony and misdemeanor. A theft below $200 is a disorderly persons offense; from $200 up, it is a "crime" of the fourth, third or second degree. Readers looking for a "felony threshold" will not find that term in the Code.

The prison terms are the ordinary terms in N.J.S. 2C:43-6(a) and 2C:43-8, and the fines are the ceilings in 2C:43-3, which also allows "Any higher amount equal to double the pecuniary gain to the offender or loss to the victim." For "a second or subsequent conviction" of any Chapter 20 offense, 2C:43-3(g) allows fines of "Up to twice the amounts" in the fine column. These are the limits the Legislature set, not a prediction of the sentence in any case.

The boundaries matter at the edges. Fourth degree begins at "at least $200," so exactly $200 is a crime. Third degree begins when the amount "exceeds $500," so exactly $500 stays fourth degree.

How the amount is decided and when thefts are added together

The Code does not define "value" in its theft definitions section. Instead, Section 2C:20-2(b) provides that "The amount involved in a theft or computer criminal activity shall be determined by the trier of fact," and that the amount "shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of."

Separate thefts can be combined: "Amounts involved in thefts, thefts of motor vehicles, or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense."

Thefts graded by what was taken, not its value

Section 2C:20-2(b)(2) also makes theft a crime of the third degree in these situations, which turn on what was taken or how:

• "The property stolen is a firearm, vessel, boat, horse, domestic companion animal or airplane"
• "It is from the person of the victim"
• "It is by threat not amounting to extortion"
• It is in breach of an obligation by a fiduciary and the amount is less than $50,000
• It is "of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant"
• The property is a controlled dangerous substance or analog of one kilogram or less, a person's health care benefits budgeted by the Department of Human Services under $75,000, research property "regardless of value," or a New Jersey Prescription Blank
• "The property stolen consists of an access device or a defaced access device"
• The property is anhydrous ammonia "and the actor intends it to be used to manufacture methamphetamine"
• "The property stolen consists of a package delivered to a residential property by a cargo carrier and the amount involved is less than $75,000 or is undetermined"

Section 2C:20-2(b)(1) makes theft a crime of the second degree when the property is taken by extortion, when it is in breach of a fiduciary obligation and the amount is $50,000 or more, when the property is more than one kilogram of a controlled dangerous substance, when it is health care benefits of $75,000 or more, or when it is human remains. Theft of human remains "by deception or falsification of a document by which a gift of all or part of a human body may be made" is a crime of the first degree.

At the other end, theft of "an electronic vehicle identification system transponder" is a disorderly persons offense (2C:20-2(b)(4)(b)), with a fine of not less than $500 nor more than $10,000 in place of the usual fine (2C:20-38).

Statutory defenses and theft from a spouse

Section 2C:20-2(c) lists three affirmative defenses to a theft prosecution: that the actor "(1) Was unaware that the property or service was that of another; (2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or (3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented." Whether any of them fits a particular case is a question for a lawyer licensed in New Jersey.

Under 2C:20-2(d), "It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together."

Motor vehicle theft in New Jersey

Car theft has its own sections. P.L. 2023, c.101 added the theft, receiving and persistent-offender sections (2C:20-10.1 to 2C:20-10.3); older sections cover temporary taking (2C:20-10) and added penalties (2C:20-2.1, 2C:20-2.2).

• Theft of a motor vehicle (2C:20-10.1). "Theft of a motor vehicle constitutes a crime of the second degree if the value of the motor vehicle involved is $75,000 or more or if the theft involved more than one motor vehicle, otherwise it is a crime of the third degree." Thefts of motor vehicles under one scheme may be aggregated.
• Receiving a stolen motor vehicle (2C:20-10.2). Knowingly receiving or bringing into the State a motor vehicle known or believed to be stolen "is a crime of the second degree if the value of the motor vehicle is $75,000 or more, otherwise it is a crime of the third degree."
• Persistent offenders (2C:20-10.3). On the prosecutor's request, a person convicted under 2C:20-10.1, 2C:20-10.2 or of carjacking "shall be sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7" after two or more prior separate convictions for the listed vehicle crimes, if the new offense falls within the section's 10-year windows. The ground must be established at a hearing after conviction, on written notice.
• Taking a vehicle temporarily (2C:20-10). Taking or operating a motor vehicle "with purpose to withhold temporarily from the owner" without consent is a crime of the fourth degree, and a crime of the third degree if the person "operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property." Knowingly riding in a vehicle taken without consent is a crime of the fourth degree. Temporarily taking another means of conveyance, such as a bicycle or boat, is a disorderly persons offense.
• Added penalties (2C:20-2.1). A person convicted of theft or unlawful taking of a motor vehicle is subject to a penalty of $500 for a first offense, $750 for a second and $1,000 for a third or subsequent offense, and the court may suspend driving privileges for up to one, two or 10 years respectively. If the automobile and its contents were worth more than $7,500 when stolen and the automobile is not recovered, the court may impose a fine in that higher amount (2C:20-2.2).

Shoplifting in New Jersey (N.J.S. 2C:20-11)

Shoplifting covers six kinds of conduct under 2C:20-11(b): taking or carrying away merchandise with intent to deprive the merchant "without paying to the merchant the full retail value thereof"; concealing merchandise with the same intent; altering, transferring or removing a label or price tag and attempting to buy the item at less than full retail value; moving merchandise into another container with intent to deprive; under-ringing at a register; and removing a shopping cart from the store premises without consent "with the intention of permanently depriving the merchant of the possession, use or benefit of such cart."

Value is measured by "full retail value," which the statute defines as "the merchant's stated or advertised price of the merchandise" (2C:20-11(a)(7)).

Shoplifting grades

The statute defines an "organized retail theft enterprise" as "any association of two or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of shoplifted merchandise" (2C:20-11(a)(11)).

Community service and the 90-day minimum

Section 2C:20-11(c) adds a sentence that applies to every shoplifting conviction, whatever the grade:

"Additionally, notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or 2C:43-8, any person convicted of a shoplifting offense shall be sentenced to perform community service as follows: for a first offense, at least ten days of community service; for a second offense, at least 15 days of community service; and for a third or subsequent offense, a maximum of 25 days of community service and any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days."

So a first shoplifting conviction, even a disorderly persons offense under $200, carries at least 10 days of community service under the statute, and a third or subsequent conviction carries at least 90 days in jail.

Adding up shoplifting over time

The shoplifting statute's aggregation rule is broader than the general theft rule. Merchandise values "may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons and regardless of the time period over which the scheme or course of conduct took place, or were committed in furtherance of or in conjunction with an organized retail theft enterprise" (2C:20-11(c)).

Repeat retail theft offenders (2C:20-11.3)

Section 2C:20-11.3, added by P.L. 2025, c.39, provides that "Upon request of the prosecutor, a person who has been convicted of shoplifting pursuant to N.J.S.2C:20-11, receiving stolen property ... or theft ... that involves the stealing of merchandise from a retail mercantile establishment shall be sentenced to an extended term of imprisonment pursuant to N.J.S.2C:43-7 if the person has previously been convicted on two or more prior and separate occasions, regardless of the dates of the convictions, in accordance with the provisions of subsection b. of this section, for a violation of paragraphs (1) or (2) of subsection c. of N.J.S.2C:20-11, N.J.S.2C:20-7, section 2 of P.L.2006, c.56 (C.2C:20-11.2), or theft as defined in chapter 20 of Title 2C of the New Jersey Statutes involving the stealing of merchandise, or a crime under any statute of the United States, this State, or any other state for a crime that is substantially equivalent to a violation of shoplifting, leader of organized retail theft enterprise, or theft involving merchandise."

Paragraphs (1) and (2) of 2C:20-11(c) are the second-degree and third-degree shoplifting grades, so the shoplifting priors the section counts are second- or third-degree shoplifting convictions. The other qualifying priors are receiving stolen property (2C:20-7), leading an organized retail theft enterprise (2C:20-11.2), theft under Chapter 20 involving the stealing of merchandise, and a substantially equivalent crime under federal or any state's law. It applies only if the prior convictions were for crimes committed on separate occasions and the new crime was committed within 10 years of the person's last release from confinement for any crime, or within 10 years of the most recent of the listed crimes for which the person has a prior conviction (2C:20-11.3(b)).

Leader of an organized retail theft enterprise

Under 2C:20-11.2, "A person is a leader of an organized retail theft enterprise if he conspires with others as an organizer, supervisor, financier or manager, to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of shoplifted merchandise." It is a crime of the second degree, and "the court may impose a fine not to exceed $250,000 or five times the retail value of the merchandise seized at the time of the arrest, whichever is greater."

Concealment, detention and anti-theft countermeasures

• Concealment presumption. A person "purposely concealing unpurchased merchandise" on or off the premises "shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant" of it without paying full retail value (2C:20-11(d)).
• Detention. "A law enforcement officer, or a special officer, or a merchant, who has probable cause for believing that a person has willfully concealed unpurchased merchandise and that he can recover the merchandise by taking the person into custody, may, for the purpose of attempting to effect recovery thereof, take the person into custody and detain him in a reasonable manner for not more than a reasonable time" (2C:20-11(e)). A merchant with probable cause who causes an arrest for shoplifting "shall not be criminally or civilly liable."
• Countermeasure devices. "Any person who possesses or uses any antishoplifting or inventory control device countermeasure within any store or other retail mercantile establishment is guilty of a disorderly persons offense" (2C:20-11(f)).

The 2025 retail theft act

P.L. 2025, c.39 amended 2C:20-11 (section 4) and added 2C:20-11.3 (section 5). The same act amended the fencing statute, 2C:20-7.1, whose dealing-in-stolen-property clause now covers trafficking "including through the use of an online platform via any electronic device or through a social media site" (section 1); created the disorderly persons offense of fostering the sale of stolen property, 2C:20-7.3 (section 2); and added retail store employees while clearly identifiable as being engaged in the performance of their duties to the persons on whom a simple assault is an aggravated assault, 2C:12-1(b)(5)(l) (section 3). Its effective-date section reads: "This act shall take effect immediately, except that sections 9 and 10 shall remain inoperative until October 1, 2025, ... and section 6 shall take effect on the 180 day after the date of enactment. Approved April 1, 2025."

Other theft offenses with their own grades

Chapter 20 of Title 2C contains several sections that set their own grades:

• Cargo theft facilities (2C:20-2.6). Knowingly maintaining or operating a facility "used for the storage or resale of any property stolen from a cargo carrier" is a crime of the second degree if the property is "valued at $50,000 or more," and otherwise a crime of the third degree. A second or subsequent conviction carries a mandatory minimum term of one-third to one-half of the sentence imposed, without parole eligibility.
• Leader of a cargo theft network (2C:20-2.4). Organizing, supervising, financing or managing a scheme involving property stolen from a cargo carrier "where the amount is at least $5,000" is a crime of the second degree, or of the first degree if the scheme "included the use or threatened use of any deadly weapon."
• Auto theft trafficking networks (2C:20-18). A leader of an auto theft trafficking network commits a crime of the second degree, and a participant commits a crime of the third degree.
• Chop shops (2C:20-16). Knowingly operating a facility "used for the remodeling, repainting, or separating of automobile parts for resale of any stolen automobile is guilty of a crime of the second degree," and forfeits the right to drive for three to five years.
• Dealing in stolen domestic companion animals (2C:20-7.1(c)(2)). This is "a crime of the third degree." For other fencing violations, value is set by the trier of fact and may be aggregated.
• Headstones and grave flags (2C:20-2.3). Unlawfully removing a headstone, marker, flag or flag holder from a grave site is theft, with an added fine of up to $1,000 for each item and up to 30 days of community service.
• Food stamp coupons and benefit cards (2C:20-36, 2C:20-37). Unauthorized use, conversion or transfer is a crime of the fourth degree when the face value is $150 or more and a disorderly persons offense when it is less than $150.
• Utility theft (2C:20-8(c)). Connecting to or tampering with electric, gas or water lines or meters to obtain service with intent to defraud the vendor is a disorderly persons offense. Every theft-of-services violation also carries restitution to the vendor and a minimum fine of $500 for each offense (2C:20-8(k)).
• Telecommunications service theft (2C:20-8(h)-(j)). Using a telecommunications service without paying through an unauthorized device, connection or billing information, and making, selling, installing or possessing equipment designed to avoid paying for it, are crimes of the third degree.
• Using a juvenile to steal a car (2C:20-17). A person at least 18 who knowingly uses, solicits, directs, hires or employs a person 17 or younger "to commit theft of an automobile is guilty of a crime of the second degree."
• Fostering the sale of stolen property (2C:20-7.3). Advertising or otherwise assisting in the sale of property of another, including through an online platform, "knowing that it has been stolen or reasonably believing that it is stolen" is a disorderly persons offense. P.L. 2025, c.39 added this section.
• Added penalties for certain thefts (2C:20-2.5). A person convicted of a Chapter 20 offense involving the taking of property by a fiduciary, or of the cargo theft offenses, is subject to a penalty of $500 for a third-degree crime, $2,500 for a second-degree crime, and $5,000 for a first-degree crime or where the person has a prior Chapter 20 conviction.

Can a store demand money after shoplifting in New Jersey?

N.J.S.A. 2A:61C-1 gives merchants a civil remedy separate from any criminal case. A person who commits shoplifting as defined in 2C:20-11, or theft by stealing food or drink from an eating establishment, "shall be liable to the merchant in a civil action in an amount equal to the following:"

"(1) The value of the merchandise as damages, not to exceed $500, if the merchandise cannot be restored to the merchant in its original condition; (2) Additional damages, if any, arising from the incident, not to include any loss of time or wages incurred by the merchant in connection with the apprehension of the defendant; and (3) A civil penalty payable to the merchant in an amount of up to $150."

The section's other conditions:

• Parents of minors. "A parent, guardian or other person having legal custody of a minor who commits the offense of shoplifting ... shall be liable to the merchant for the damages specified in subsection a." (2A:61C-1(b)). This does not apply to a parent whose custody and control of the minor was removed by court order, decree, judgment, military service or marriage of the minor, or to a resource family parent.
• Attorney's fees. If the merchant sues, "the prevailing party in that action shall be entitled to an award of reasonable attorney's fees and reasonable court costs" (2A:61C-1(c)).
• Notice first. "Before a civil action may be commenced, the merchant shall send a notice to the defendant's last known address giving the defendant 20 days to respond" (2A:61C-1(d)(1)).
• No conviction required. "It is not a condition precedent to maintaining an action under this act that the defendant has been convicted of shoplifting or theft" (2A:61C-1(d)(1)).
• Payment ends the claim. "No civil action under this act may be maintained if the defendant has paid the merchant a penalty equal to the retail value of the merchandise where the merchandise was not recovered in its original condition, plus a sum of up to $150" (2A:61C-1(d)(2)).
• A $500 ceiling on the remedy. "The provisions of this act do not apply in any case where the value of the merchandise exceeds $500" (2A:61C-1(d)(3)).
• Written release. A person who complies with a written demand within 20 days of receiving it "shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft" (2A:61C-1(e)).

These provisions set what a merchant can recover under the statute. Whether a particular demand letter matches them is a question for a lawyer licensed in New Jersey.

Related legal issues

Theft by deception and other fraud schemes, and where to report them, are covered in our guide to New Jersey scam and fraud laws. Misusing someone's personal information is a separate set of offenses covered in New Jersey identity theft laws. For clearing a theft charge or conviction from a record, see New Jersey expungement laws, and for filing deadlines see the New Jersey statute of limitations guide. Federal theft offenses are covered on our theft laws hub.

Related

• Theft laws by state
• New Jersey scam and fraud laws
• New Jersey identity theft laws
• New Jersey expungement laws
• New Jersey statute of limitations

This article provides general legal information about New Jersey theft and shoplifting statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in New Jersey.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in New Jersey?

New Jersey does not use the word felony. Theft becomes a crime of the fourth degree at $200 (up to $500), a crime of the third degree when it exceeds $500, and a crime of the second degree at $75,000 or more; under $200 is a disorderly persons offense (N.J.S. 2C:20-2(b)).

Is stealing $500 a crime in New Jersey?

Yes. Theft of at least $200 but not more than $500 is a crime of the fourth degree, punishable by up to 18 months and a fine of up to $10,000 (N.J.S. 2C:20-2(b)(3), 2C:43-6(a)(4), 2C:43-3(b)(2)). Third degree begins only when the amount exceeds $500.

What is the penalty for shoplifting under $200 in New Jersey?

Shoplifting merchandise worth less than $200 is a disorderly persons offense (2C:20-11(c)(4)), punishable by up to 6 months and a fine of up to $1,000 (2C:43-8, 2C:43-3(c)). Every shoplifting conviction also carries community service: at least 10 days for a first offense and at least 15 for a second.

Is a third shoplifting offense jail time in New Jersey?

Under N.J.S. 2C:20-11(c), any person convicted of a third or subsequent shoplifting offense shall serve a minimum term of imprisonment of not less than 90 days. Separately, 2C:20-11.3 requires an extended term on the prosecutor's request for a retail theft conviction when the person has two or more prior separate convictions for second- or third-degree shoplifting (2C:20-11(c)(1) or (2)), receiving stolen property, leading an organized retail theft enterprise, theft involving the stealing of merchandise, or a substantially equivalent crime under federal or any state's law, within the section's 10-year windows.

Is stealing a car a felony in New Jersey?

New Jersey does not use the term felony, but theft of a motor vehicle is a crime of the third degree, or of the second degree if the vehicle is worth $75,000 or more or more than one vehicle was taken (N.J.S. 2C:20-10.1).

Is stealing a package from a porch a crime in New Jersey?

Theft of a package delivered to a residential property by a cargo carrier is a crime of the third degree when the amount involved is less than $75,000 or is undetermined (N.J.S. 2C:20-2(b)(2)(m)).

Can a store make me pay a civil penalty for shoplifting in New Jersey?

Under N.J.S.A. 2A:61C-1, a merchant may seek the value of unrecovered merchandise up to $500, other damages and a civil penalty of up to $150, after sending a notice giving 20 days to respond. No conviction is required, the parent of a minor can be liable, and the statute does not apply where the merchandise is worth more than $500.

Can a New Jersey store detain a suspected shoplifter?

Under N.J.S. 2C:20-11(e), a merchant, special officer or law enforcement officer with probable cause to believe a person concealed unpurchased merchandise may take the person into custody to try to recover it and detain the person in a reasonable manner for not more than a reasonable time.