Bill > S1125

This bill amends New Jersey law to criminalize the failure to return erroneous person-to-person electronic payments after proper notification. Specifically, it adds a provision to the existing theft statute (N.J.S.2C:20-6) that creates a permissive inference of theft if an individual receives an electronic payment by mistake through a "payment processor" (defined as an entity facilitating payments for goods or services) and does not return the funds within 30 days of being notified that the payment was an error. The bill also clarifies that if an individual is not notified within 180 days that a payment was erroneous, it can be inferred they did not know it was a mistake. Importantly, it establishes an affirmative defense: if the individual returns the funds within 30 days of receiving them or of being notified of the error, they cannot be prosecuted for theft under this specific provision. This legislation aims to address situations where individuals mistakenly receive electronic funds and do not return them, making it a criminal offense if they fail to do so after being informed of the error.

Business and Industry

https://www.njleg.state.nj.us/bill-search/2024/S1125