New Jersey Statutes
N.J. Stat. § 2C:20-3 (2026)
Theft by unlawful taking or disposition
✓ current as of May 2026
a. Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.
b. Immovable property. A person is guilty of theft if he unlawfully transfers any interest in immovable property of another with purpose to benefit himself or another not entitled thereto.
Notes of Decisions
Cited in 315
cases (149 in the last 5 years), 1987–2026 · leading case: State of New Jersey v. Robert J. Kosch, Jr., 133 A.3d 669 (N.J. Super. Ct. App. Div. 2016).
State of New Jersey v. Robert J. Kosch, Jr., 133 A.3d 669 (N.J. Super. Ct. App. Div. 2016). “This limitation was suggested by the New Jersey Criminal Law Revision Commission's commentary on N.J.S.A. 2C:20-3: [M]ere use of or occupation of land should not be classified as theft, even though it be an exercise of unauthorized control with a purpose of permanent…”
State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015). “Finally, the State presented evidence that the documents constituted “public record[s], writing[s] or instrument[s] kept . . . according to law with or in the keeping of any public office or public 26 servant,” thus satisfying the “public record” element of N.”
State of New Jersey v. Jonathan Zembreski, 138 A.3d 583 (N.J. Super. Ct. App. Div. 2016). “2C:18-2 (count four); and third-degree theft, N.J.S.A. 2C:20-3 (count five). Before trial, defendant moved to dismiss all counts of the indictment, which the court denied in large part, dismissing only the possession charge and downgrading the theft charge.”
State v. Gentry, 538 S.W.3d 413 (Tenn. 2017). “The Model Penal Code drafters believed that the definition of theft was broad enough to encompass and apply to theft by physical occupation of real property unless an express distinction were drawn, specifying that immovable property could only be subject to theft by "unlawfully…”
K. A. v. Attorney Gen. United States, 997 F.3d 99 (3rd Cir. 2021). “At that time, the New Jersey Code of Criminal Justice expressly provided that a person who committed any one of the following offenses was “guilty of theft”: (1) Theft by unlawful taking or disposition, N.J. Stat. Ann. § 2C:20-3; (2) Theft by deception, N.”
State v. Sein, 590 A.2d 665 (N.J. 1991). “[II New Jersey Penal Code: Final Report of the New Jersey Criminal Law Revision Commission § 2C:20-3 commentary 2 at 222 (Oct. 1971) (emphasis added).”
State v. Kosch, 185 A.3d 959 (N.J. Super. Ct. App. Div. 2018). “It suffices for present purposes to observe that we reversed the convictions on three counts of theft of immovable property, N.J.S.A. 2C:20-3(b), and remanded for a new trial on those counts.”
State v. Coclough, 207 A.3d 780 (N.J. Super. Ct. App. Div. 2019). “The jury convicted defendant of burglary and criminal mischief, and acquitted him of theft by unlawful taking, N.J.S.A. 2C:20-3(a). After denying the State's motion for an extended term, the court imposed a four-year term on the burglary conviction, concurrent with an…”
State of New Jersey v. Ryan J. Rinker, 141 A.3d 412 (N.J. Super. Ct. App. Div. 2016). “2C:39-5(b) (count one), and third-degree theft of that handgun, N.J.S.A. 2C:20-3(a) (count two).1 Defendant was sentenced on count one to a five-year term of imprisonment with a three-year period of parole ineligibility pursuant to the Graves Act, N.”
State v. James Buckner (074390), 121 A.3d 290 (N.J. 2015). “2C:12-1(b)(7); third-degree attempted theft, N.J.S.A. 2C:20-3(a); first-degree robbery, N.”
State of New Jersey v. Gregory Maurer, 105 A.3d 637 (N.J. Super. Ct. App. Div. 2014). “In 2013, a Burlington County Grand Jury returned an indictment, charging him with two counts of third-degree theft by unlawful taking, N.J.S.A. 2C:20-3(a); one count of fourth- degree hindering apprehension, N.”
Campanello v. Port Auth. of New York & New Jersey, 590 F. Supp. 2d 694 (D.N.J. 2008). “) 2 Plaintiff was also charged, on that same date, with theft, in Jersey City, Hudson County, New Jersey, and with theft of movable property in Newark, Essex County, New Jersey, both in violation of N.J. Stat. Ann. § 2C:20-3(a). (Id., ¶¶ 18, 19.”
— N.J. Stat. § 2C:20-3(A) — 1 case
State of New Jersey v. Zion Moore (N.J. Super. Ct. App. Div. 2025).
— N.J. Stat. § 2C:20-3(a) — 204 cases
State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015). “Finally, the State presented evidence that the documents constituted “public record[s], writing[s] or instrument[s] kept . . . according to law with or in the keeping of any public office or public 26 servant,” thus satisfying the “public record” element of N.”
State of New Jersey v. Jonathan Zembreski, 138 A.3d 583 (N.J. Super. Ct. App. Div. 2016). “2C:18-2 (count four); and third-degree theft, N.J.S.A. 2C:20-3 (count five). Before trial, defendant moved to dismiss all counts of the indictment, which the court denied in large part, dismissing only the possession charge and downgrading the theft charge.”
K. A. v. Attorney Gen. United States, 997 F.3d 99 (3rd Cir. 2021). “At that time, the New Jersey Code of Criminal Justice expressly provided that a person who committed any one of the following offenses was “guilty of theft”: (1) Theft by unlawful taking or disposition, N.J. Stat. Ann. § 2C:20-3; (2) Theft by deception, N.”
State v. Coclough, 207 A.3d 780 (N.J. Super. Ct. App. Div. 2019). “The jury convicted defendant of burglary and criminal mischief, and acquitted him of theft by unlawful taking, N.J.S.A. 2C:20-3(a). After denying the State's motion for an extended term, the court imposed a four-year term on the burglary conviction, concurrent with an…”
State of New Jersey v. Ryan J. Rinker, 141 A.3d 412 (N.J. Super. Ct. App. Div. 2016). “2C:39-5(b) (count one), and third-degree theft of that handgun, N.J.S.A. 2C:20-3(a) (count two).1 Defendant was sentenced on count one to a five-year term of imprisonment with a three-year period of parole ineligibility pursuant to the Graves Act, N.”
— N.J. Stat. § 2C:20-3(a)(3) — 1 case
State of New Jersey Vs. Danuweli M. Keller State of New Jersey Vs. Abdutawab Kiazolu State of New Jersey Vs. Phobus E. Sullivan (17-01-0009 & 17-12-0801, Mercer Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2021).
— N.J. Stat. § 2C:20-3(b) — 2 cases
State of New Jersey v. Robert J. Kosch, Jr., 133 A.3d 669 (N.J. Super. Ct. App. Div. 2016). “This limitation was suggested by the New Jersey Criminal Law Revision Commission's commentary on N.J.S.A. 2C:20-3: [M]ere use of or occupation of land should not be classified as theft, even though it be an exercise of unauthorized control with a purpose of permanent…”
State v. Kosch, 185 A.3d 959 (N.J. Super. Ct. App. Div. 2018). “It suffices for present purposes to observe that we reversed the convictions on three counts of theft of immovable property, N.J.S.A. 2C:20-3(b), and remanded for a new trial on those counts.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.