Bill

Bill > A4376


NJ A4376

NJ A4376
Establishes crime of selling certain counterfeit items; establishes enhanced penalties for crime if committed against senior citizen.


summary

Introduced
02/19/2026
In Committee
02/19/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 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 new third-degree crime for defrauding individuals by selling counterfeit gold, silver, or other precious metals, or by misrepresenting the grading or authenticity of coins. Specifically, it criminalizes falsely claiming that items contain more precious metal than they do, presenting coins in fake professional grading holders, or altering coins to inflate their perceived value. Under current law, theft by deception (N.J.S.A. 2C:20-4) and forgery (N.J.S.A. 2C:21-1) are already crimes, but this bill clarifies and elevates certain fraudulent activities related to precious metals to a third-degree crime, which carries a penalty of three to five years imprisonment and a fine of up to $15,000. Furthermore, convicted individuals will be required to pay triple the amount of damages sustained by the victim, and any conviction under this new law will not merge with convictions for other related offenses. Crucially, if the victim is a "senior citizen," defined as someone 62 years or older, the defendant faces a mandatory prison sentence of at least one year, or one-third to one-half of the imposed sentence, whichever is greater, with no possibility of parole during that period.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

Introduced, Referred to Assembly Aging and Human Services Committee (on 02/19/2026)

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