Bill > S3496

Introduced Session

Currently, theft by unlawful taking under N.J.S.A.2C:20-3 is a theft offense that is graded by the value of the property taken. Package theft from residences is a crime punishable under N.J.S.A.2C:20-3 as an unlawful taking offense. This bill, which shall be known as the "Defense Against Porch Pirates Act," increases the penalties for unlawful taking when that taking targets a package delivered to a residential property by any cargo carrier. "Cargo carrier" is defined broadly in subsection w. of N.J.S.A.2C:20-1. Under the bill, a person who commits theft by taking a package delivered to a residential property by any cargo carrier shall be guilty of a fourth degree crime if the amount taken does not exceed $200. If the amount taken exceeds $200, the person shall be guilty of a crime one degree higher than the underlying offense. Additionally the bill provides in new subsection d. that restitution shall be ordered in these cases and a period of community service shall be imposed of up to 10 days. These penalties are permissible option for the sentencing judge in any criminal offense. It is the sponsor's view that while theft of packages may be more commonplace during the holiday shopping season, it is a serious crime that can occur at any time and can result not only in the loss of consumer purchases but also in the loss of medication, legal documents and other important items delivered to homes, and thus warrants more stringent penalties than other types of theft by unlawful taking offenses.

Committee Categories

Joe Cryan (D)*,  Linda Greenstein (D)*,  Fred Madden (D), 

Substituted by A5072 (1R) (on 01/13/2020)