recieving stolen property and under ringing

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recieving stolen property and under ringing

recieving stolen property and under ringing would that be considered the same charge.or wouldit be a first offense situation.

Asked on April 27, 2009 under Criminal Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't understand your question.  The laws are below but generally receiving stolen property is the act of receiving knowing it is stolen.  Under ringing is done by someone -- the cashier and the person who receives the property is the one who receives the stolen property (esentially under rung property).  First offense means if it is your first offense, first crime. 

Did you commit or conspire to commit one or both of these crimes? If so, contact a criminal defense attorney if you don't have a public defender.   Try www.attorneypages.com.

1. Receiving stolen property in New Jersey is:

2C:20-7.  Receiving stolen property

2C:20-7.  Receiving Stolen Property.
a.  Receiving.  A person is guilty of theft if he knowingly receives or  brings into this State movable property of another knowing that it has been  stolen, or believing that it is probably stolen.  It is an affirmative defense  that the property was received with purpose to restore it to the owner.  "Receiving"  means acquiring possession, control or title, or lending on the  security of the property.

b.  Presumption of knowledge.  The requisite knowledge or belief is presumed in the case of a person who:

(1)  Is found in possession or control of two or more items of property stolen on two or more separate occasions;  or

(2)  Has received stolen property in another transaction within the year preceding the transaction charged;  or

(3)  Being a person in the business of buying or selling property of the sort  received, acquires the property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess and dispose of it ;or

(4)  Is found in possession of two or more defaced access devices.

L.1978, c.95; amended 1979, c.178, s.35; 1981, c.290, s.19; 1997, c.6, s.3.
 
2C:20-7.1.  Fencing
      a.  Possession of altered property.    Any dealer in property who knew or  should have known that the identifying features such as serial numbers and permanently affixed labels of property in his possession have been removed or altered without the consent of the manufacturer is guilty of possession of altered property.  It is a defense to a prosecution under this subsection that a person lawfully possesses the usual indicia of ownership in addition to mere possession.

      b.  Dealing in stolen property.    A person is guilty of dealing in stolen  property if he traffics in, or initiates, organizes, plans, finances, directs,  manages or supervises trafficking in stolen property.

      c.    The value of the property involved in the violation of this section  shall be determined by the trier of fact.  The value of the property involved  in the violation of this section 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.

      d.    It is an affirmative defense to a prosecution under this section 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.

       e.    In addition to the presumptions contained in N.J.S. 2C:20-7b. the following presumptions are available in the prosecution for a fencing offense:

     (1) Proof of the purchase or sale of property at a price substantially below  its fair market value, unless satisfactorily explained, gives rise to an  inference that the person buying or selling the property knew that it had been  stolen;

    (2) Proof of the purchase or sale of property by a dealer in that property,  out of the regular course of business, or without the usual indicia of  ownership other than mere possession, or the property or the job lot of which  it is a part was bought, received, possessed or controlled in broken succession  of title, so that it cannot be traced, by appropriate documents, in unbroken  succession to the manufacturer, in all cases where the regular course of  business reasonably indicates records of purchase, transfer or sale, unless  satisfactorily explained, gives rise to an inference that the person buying or  selling the property knew that it had been stolen;  and

    (3) Proof that a person buying or selling property of the sort received obtained such property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess or control it gives rise to an inference that such person knew that it had been stolen.

     L.1981, c. 167, s. 7, eff. June 15, 1981.
 
2C:20-7.2  Notification of theft of scrap metal.

3.Each State, county, and municipal police department may, upon receiving reliable information that scrap metal has been stolen, promptly notify scrap metal businesses of the theft and provide such businesses with information to identify the stolen scrap metal, to effectuate the purposes of P.L.2009, c.8 (C.45:28-1 et al.).

L.2009, c.8, s.3.

 

 
2C:20-11.1.  Guidelines for prosecution of shoplifting offenses
2.The Attorney General shall develop, no later than the 120th day after the effective date of this act, guidelines to ensure that the prosecution of shoplifting offenses is conducted in a uniform manner throughout the State.

L.2000,c.16,s.2.

2. Under ringing is:  

2C:20-11 Shoplifting

a.Definitions.  The following definitions apply to this section:

(1)"Shopping cart"  means those push carts of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores  and markets and, incidentally, from the stores to a place outside the store;

(2)"Store or other retail mercantile establishment"  means a place where merchandise is displayed, held, stored or sold or offered to the public for sale;

(3)"Merchandise"  means any goods, chattels, foodstuffs or wares of any type and description, regardless of the value thereof;

(4)"Merchant" means any owner or operator of any store or other retail mercantile establishment, or any agent, servant, employee, lessee, consignee, officer, director, franchisee or independent contractor of such owner or proprietor;

(5)"Person" means any individual or individuals, including an agent, servant or employee of a merchant where the facts of the situation so require;

(6)"Conceal" means to conceal merchandise so that, although there may be some notice of its presence, it is not visible through ordinary observation;

(7)"Full retail value" means the merchant's stated or advertised price of the merchandise;

(8)"Premises of a store or retail mercantile establishment" means and includes but is not limited to, the retail mercantile establishment; any common use areas in shopping centers and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of such retail mercantile establishment;

(9)"Under-ring"  means to cause the cash register or other sale recording device to reflect less than the full retail value of the merchandise;

(10)  "Antishoplifting or inventory control device countermeasure" means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device.

b.Shoplifting.  Shoplifting shall consist of any one or more of the following acts:

(1)For any person purposely to take possession of, carry away, transfer or cause to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the full retail value thereof.

(2)For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.

(3)For any person purposely to alter, transfer or remove any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by  any store or other retail mercantile establishment and to attempt to purchase  such merchandise personally or in consort with another at less than the full  retail value with the intention of depriving the merchant of all or some part of the value thereof.

(4)For any person purposely to transfer any merchandise displayed, held, stored or offered for sale by any store or other retail merchandise establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof.

(5)For any person purposely to under-ring with the intention of depriving the merchant of the full retail value thereof.

(6)For any person purposely to remove a shopping cart from the premises of  a store or other retail mercantile establishment without the consent of the  merchant given at the time of such removal with the intention of permanently  depriving the merchant of the possession, use or benefit of such cart.

c.Gradation.  (1)  Shoplifting constitutes a crime of the second degree under subsection b. of this section if the full retail value of the merchandise is $75,000.00 or more.

(2)Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500.00 but is less than $75,000.00.

(3)Shoplifting constitutes a crime of the fourth degree under subsection b. of this section if the full retail value of the merchandise is at least $200.00 but does not exceed $500.00.

(4)Shoplifting is a disorderly persons offense under subsection b. of this section if the full retail value of the merchandise is less than $200.00.  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.

d.Presumptions.  Any person purposely concealing unpurchased merchandise of any store or other retail mercantile establishment, either on the premises or outside the premises of such store or other retail mercantile establishment, shall be prima facie presumed to have so concealed such merchandise with the intention of depriving the merchant of the possession, use or benefit of such merchandise without paying the full retail value thereof, and the finding of such merchandise concealed upon the person or among the belongings of such person shall be prima facie evidence of purposeful concealment; and if such person conceals, or causes to be concealed, such merchandise upon the person or among the belongings of another, the finding of  the same shall also be prima facie evidence of willful concealment on the part of the person so concealing such merchandise.

e.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, and the taking into custody by a law enforcement officer or special officer or merchant shall not render such person  criminally or civilly liable in any manner or to any extent whatsoever.

Any law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section.

A merchant who causes the arrest of a person for shoplifting, as provided for in this section, shall not be criminally or civilly liable in any manner or to any extent whatsoever where the merchant has probable cause for believing that the person arrested committed the offense of shoplifting.

f.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.

Amended 1979, c.178, s.35B; 1997, c.319; 2000, c.16, s.1.

 

 


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