New Jersey : NJ Theft by Extortion & You - How they Relate…

January 25th, 2009

How can NJ Theft & NJ Extortion in New Jersey effect you or your NJ Criminal Theft Record? You may need a NJ Lawyer.

2C:20-5. Theft by extortion

A person is guilty of theft by extortion if he purposely and unlawfully obtains property of another by extortion. A person extorts if he purposely threatens to: 

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense; 
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person; 
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; 
d. Take or withhold action as an official, or cause an official to take or withhold action; 
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; 
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or 
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person. 
It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services. 
L.1978, c. 95, s. 2C:20-5, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 34, eff. Sept. 1, 1979.

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New Jersey Theft & Shoplifting Statutes

January 25th, 2009

2A:61C-1 : NJ Shoplifting, NJ Retail Thefts, NJ Civil action; provided. 

1.  a.  A person who commits the offense of shoplifting as defined in N.J.S.2C:20-11 or a person who commits the offense of theft as defined in Chapter 20 of Title 2C of the New Jersey Statutes by stealing food or drink from an eating establishment shall be liable for any criminal penalties imposed by law and 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. 

b. A parent, guardian or other person having legal custody of a minor who commits the offense of shoplifting  or the offense of theft of food or drink from an eating establishment shall be liable to the merchant for the damages specified in subsection a. of this section.  This subsection shall not apply to a parent whose parental custody and control of such minor has been removed by court order, decree, judgment, military service, or marriage of such infant, or to a resource family parent of such minor.  

c. If a merchant institutes a civil action pursuant to the provisions of this section, the prevailing party in that action shall be entitled to an award of reasonable attorney’s fees and reasonable court costs. 

d. Limitations on civil action: 

(1) 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.  It is not a condition precedent to maintaining an action under this act that the defendant has been convicted of shoplifting or theft .  

(2) 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.  

(3) The provisions of this act do not apply in any case where the value of the merchandise exceeds $500. 

e. If the person to whom a written demand is made complies with such demand within 20 days following the receipt of the demand, that person shall be given a written release from further civil liability with respect to the specific act of shoplifting or theft.

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New Jersey Identity Theft : NJ Theft Laws

January 25th, 2009

New Jersey Identity Theft Laws

More Information on NJ Theft Laws

Code Section N.J. Stat. Ann. §2C:21-17 (West 1999)
Classification of Crime/Penalties If loss is less than $500: crime of the fourth degree; if loss is $500 or more but less than $75,000: crime of the third degree; if loss is $75,000 or more: crime of the second degree
Who May Prosecute -
Exemptions to Identity Theft Laws Criminal statute does not apply to minors attempting to obtain privileges denied to minors
Civil Lawsuit Allowed? -
Civil Remedies Available -
Misc. -

Note: State laws are constantly changing — contact an NJ Attorney or conduct your own legal research to verify the state law(s) you are researching.

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Ways to help prevent NJ Identity Theft

January 25th, 2009

How to Prevent NJ Identity Theft - Before you need a NJ Lawyer

Just like semi-annual teeth cleanings, consumers should make a point to check their credit score on a regular basis — ideally every three to four months, says Gail Cunningham, spokeswoman for the National Foundation for Credit Counseling. In the worst case, if you have encountered NJ Theft, always retain a New Jersey Lawyer

You can get a free credit report every 12 months from each of the major  credit bureaus, Equifax, Experian and TransUnion. Look for any questionable accounts like a credit card or a car loan that you never signed up for and contact the credit bureaus immediately to report them.

Pay Attention to Credit-Card Statements

Consumers should be just as vigilant about combing through their monthly credit-card statements. Besides confirming that you weren’t accidentally charged twice for a purchase, pay close attention to small credit-card charges. Identity thieves will often charge a very small amount, like $1, to verify that the credit card works, says Rusin.

Ask the credit cards’ customer service department to set up an alert to notify you of suspicious charges in the future, says Kristin Loberg, author of “The Personal Security Handbook.” These alerts are typically free. When an unusual amount — be it in quantity of products or value — is charged to your card over a short period of time, the credit card’s fraud department will contact you.

Take Advantage of Card Protections

For online shoppers, some credit-card issuers offer single-use credit-card numbers that only work for one online transaction. “If someone was to steal it, they couldn’t use it for anything else,” says Rob Enderle, principal analyst at the San Jose, Calif.-based Enderle Group, a technology consulting firm.

MasterCard also offers SecureCode, which prompts credit-card holders to input a code — just like a PIN — that’s only known by the user and the issuer to finalize a purchase at participating retailers

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