Bill Strengthening Penalties For Shoplifters and Credit Card Fraud in New Jersey Signed into Law

New Jersey Governor Phil Murphy today signed bi-partisan legislation into law today which establishes and upgrades certain crimes related to retail theft, provides that repeat offenders can be sentenced to extended prison terms, addresses gift card fraud, and requires the Attorney General to take actions to combat organized retail theft.

“No business owner or retail worker should have to fear for their safety or endure the financial loss caused by organized retail theft,” Murphy said in a statement.

“Over the past few years, we have worked to crack down on organized retail theft, which threatens livelihoods and public safety. With today’s bill, we are taking decisive action to combat this growing threat and protect businesses and workers statewide.”

To impose stricter penalties for these crimes and establish a dedicated effort to combat organized retail theft, the bill specifically:

  1. Upgrades any simple assault to an aggravated assault when committed against a retail employee engaged in the performance of their duties
  2. Upgrades to a second-degree crime the failure to pay a tax, fee, penalty, or interest due if accrued through conduct as a leader of an organized retail theft enterprise
  3. Establishes fostering the sale of stolen property as a disorderly persons offense
  4. Provides that the value of merchandise involved in a shoplifting offense may be used to upgrade the offense
  5. Provides that a person may be sentenced to an extended prison term for repeat convictions related to retail theft
  6. Requires merchants that sell gift cards to ensure that the gift cards are enclosed in secure packaging and that they display a consumer notice related to gift card fraud provided by the Division of Consumer Affairs
  7. Requires the Attorney General to undertake steps as deemed appropriate to effectively investigate, prosecute, and deter organized retail theft, which may include establishing a retail theft unit, task force, or other office or initiative

Gift card fraud, in particular, has been linked to organized crime in China and the production and smuggling of fentanyl.

With the signing of this bill, New Jersey in now in line with surrounding states, including New York and Pennsylvania, that have already taken similar measures to combat organized retail theft.

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