Bill > S682

Introduced Session

This bill would enhance the criminal penalties for the crime of counterfeiting if the offense creates a reasonably foreseeable risk of causing bodily injury or serious bodily injury to another or death of another. The New Jersey Trademark Counterfeit Act prohibits the intentional manufacture, use, display, advertisement, distribution, sale or possession with intent to sell goods or services bearing or identified by a counterfeit mark. Under the act, counterfeiting is a crime of the fourth degree if the offense involves fewer than 100 items bearing a counterfeit mark, the offense involves a total retail value of less than $1,000, or the offense is a first conviction. A crime of the fourth degree ordinarily is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. Counterfeiting is a crime of the third degree if the offense involves 100 or more but fewer than 1,000 items bearing a counterfeit mark, the offense involves a retail value of $1,000 to $15,000, or the offense is a second conviction. A crime of the third degree ordinarily is punishable by a specific term of imprisonment between three to five years, a fine of up to $15,000, or both. Counterfeiting is a crime of the second degree if the offense involves 1,000 or more items bearing a counterfeit mark, the offense involves a retail value of $15,000 or more, or the offense is a third or subsequent conviction. A crime of the second degree ordinarily is punishable by a specific term of imprisonment between five and 10 years, a fine of up to $150,000, or both. This bill would upgrade an offense that meets the criteria for a fourth degree crime to a crime of the third degree if the offense creates a reasonably foreseeable risk of causing bodily injury to another. Also, the bill would upgrade an offense that meets the criteria for a fourth or third degree crime to a crime of the second degree if the offense creates a reasonably foreseeable risk of causing serious bodily injury to another or death of another. The bill replaces the phrase "poses a threat to the health, safety, or welfare of any member of the public." The bill also creates the possibility of upgrading a fourth degree crime to a second degree crime if the offense creates a reasonably foreseeable risk of causing serious bodily injury to another or death of another. The bill also upgraded fourth degree crimes to third degree and third degree to second degree if the offense posed certain threats. The bill also repeals P.L.1967, c.311 (C.24:6D-1 et seq.), which makes the production, possession and sale of counterfeit drugs and cosmetics a high misdemeanor. The bill re-inserts these provisions into the criminal code with only minor changes: replacing the terms "high misdemeanor" and "misdemeanor" with their equivalents of the criminal code. In accordance with N.J.S.A.1:1-15, the repeal of P.L.1967, c.311 is not intended to in any way limit criminal liability for acts committed prior to the effective date of this bill.

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Raymond Lesniak (D)*,  Paul Sarlo (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/12/2010)