Bill

Bill > A6028


NJ A6028

NJ A6028
Establishes crime of selling certain counterfeit items; establishes enhanced penalties for crime if committed against senior citizen.


summary

Introduced
11/17/2025
In Committee
11/17/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill establishes the third degree crime of committing fraud by deception related to counterfeit gold, silver, or other precious metals against senior citizens. Under the bill, a person would be guilty of a crime of the third degree if the person violates the provisions of N.J.S.A.2C:20-4, theft by deception, or N.J.S.A.2C:21-1, forgery, by (1) purposely or knowingly creating or reinforcing a false impression that coins or bullion that the person is selling or offering for sale are made of, or contain, gold, silver, or other precious metals, or that they are made of, or contain, an amount, grade, or composition of precious metals in an amount greater than is actually present in the coin or bullion presented; (2) purposely or knowingly creating or reinforcing a false impression that coins the person is selling or offering for sale are graded and authenticated by a professional precious metal grading service by, among other means, presenting the coin inside a sealed plastic holder that resembles a legitimate holder used by a legitimate professional precious metal grading service; or (3) purposely or knowingly altering a coin to create or reinforce a false impression that the coin is valued in an amount that is actually greater than the actual value of coin. Under current law, theft crimes are graded pursuant to N.J.S.A.2C:20-2, and theft ranges from a second degree crime to a disorderly persons offense depending on various factors and the amount of theft. The amount of theft is determined by the trier of fact. Under the bill, it would be a crime of the third degree to be found guilty of theft by deception under N.J.S.A.2C:20-4, if committed in violation of the provisions of the bill. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both. Under current law, forgery, N.J.S.A.2C:21-1, is a crime of the third degree or fourth degree. Under the bill, forgery committed in violation of the bill would be a third degree crime. Moreover, the bill provides that in addition to any other disposition, the court would order a person convicted of a violation of the statute to pay compensation to the victim in the amount of three times the amount of damages which the victim sustains. The bill provides that the conviction would not merge with a conviction for any other offense. Finally, under the bill, if the victim of the crime is a senior citizen, the defendant would be sentenced to a mandatory term of imprisonment fixed at, or between, one-third and one-half of the sentence imposed by the court or one year, whichever is greater, during which the defendant would be ineligible for parole. The bill defines "senior citizen" as a person 62 years of age or older.

AI Summary

This bill establishes a third-degree crime specifically targeting fraudulent sales of counterfeit precious metal coins and bullion. The law makes it illegal to purposely deceive buyers by creating false impressions about coins or bullion, such as misrepresenting the metal content, presenting counterfeit grading authentication, or altering coins to artificially increase their perceived value. If convicted, the offender must pay the victim three times the amount of damages sustained. The bill provides enhanced penalties if the victim is a senior citizen (defined as 62 years or older), mandating a mandatory imprisonment term of either one-third to one-half of the court-imposed sentence or one year, whichever is greater, during which the defendant would be ineligible for parole. Additionally, the bill specifies that a conviction under this statute cannot be merged with any other offense, ensuring that perpetrators cannot avoid full punishment by combining charges. The law would apply to violations of existing statutes related to theft by deception and forgery, creating a specific legal framework to protect consumers, especially seniors, from fraudulent precious metal sales.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

Introduced, Referred to Assembly Aging and Human Services Committee (on 11/17/2025)

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