New Jersey Statutes

N.J. Stat. § 2C:20-2 (2026)

Consolidation of theft and computer criminal activity offenses

✓ current as of May 2026

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2C:20-2. a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

b. Grading of theft offenses.

(1) Theft constitutes a crime of the second degree if:

(a) The amount involved is $75,000 or more;

(b) The property is taken by extortion;

(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;

(d) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more;

(e) The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or

(f) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000 or more.

(2) Theft constitutes a crime of the third degree if:

(a) The amount involved exceeds $500 but is less than $75,000;

(b) The property stolen is a firearm, vessel, boat, horse, domestic companion animal or airplane;

(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000 or is undetermined and the quantity is one kilogram or less;

(d) It is from the person of the victim;

(e) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000;

(f) It is by threat not amounting to extortion;

(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;

(h) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000;

(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;

(j) The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;

(k) The property stolen consists of an access device or a defaced access device;

(l) The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine; or

(m) The property stolen consists of a package delivered to a residential property by a cargo carrier and the amount involved is less than $75,000 or is undetermined.

(3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200 but does not exceed $500.

(4) Theft constitutes a disorderly persons offense if:

(a) The amount involved was less than $200; or

(b) The property stolen is an electronic vehicle identification system transponder.

The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts, thefts of motor vehicles, or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:

(1) Was unaware that the property or service was that of another;

(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or

(3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.

Notes of Decisions

Cited in 71 cases (27 in the last 5 years), 1973–2025 · leading case: State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015).

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State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015). · cites it 10× “2C:3-1(a) may be asserted as to both charges against defendant if the record supports it, the specific claim of right affirmative defense authorized by N.J.S.A. 2C:20-2 expressly relates to a “prosecution for theft.”

State of Iowa v. Betty Ann Nall, 894 N.W.2d 514 (Iowa 2017). “); NJ. Stat. Ann. § 2C:20-2 (West, Westlaw current through L.”

State v. Mejia, 662 A.2d 308 (N.J. 1995). · cites it 2× “To establish the claim-of-right defense, defendant need prove only that he honestly believed that he was recovering his own property, not that the alleged victim actually possessed his property. As the 1971 Commentary to the Code states, "[t]he Code adopts the position that a…”

State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden Cnty. & Statewide), 160 A.3d 23 (N.J. 2017). “2C:30-2(a), based on an allegation of stealing, from a second prosecution for disorderly theft, N.J.S.A. 2C:20-2(b)(4), -3(a), based on the same conduct and evidence.”

State v. Hogan, 758 S.E.2d 465 (N.C. Ct. App. 2014). · cites it 3× “N.J. Stat. Ann. § 2C:20-2 (2011). Defendant was convicted of a third degree theft offense.”

State v. Gorman, 185 A.3d 902 (N.J. Super. Ct. App. Div. 2018). · cites it 6× “The commentary to the Model Penal Code, after which the Criminal Code was modeled, discussed the consolidation concept as follows: Nevertheless, consolidation cannot eliminate the necessity for careful drafting, nor can it avoid the necessity for a properly specific delineation…”

Jones v. State, 493 A.2d 1062 (Md. 1985). “§ 637:1 (1974); N.J. Stat. Ann. § 2C:20-2 (West 1978); N.”

State v. Talley, 466 A.2d 78 (N.J. 1983). “II: Commentary (1971), § 2C:20-2 at 216. The commentary to the Model Penal Code, after which the Criminal Code was modeled, discussed the consolidation concept as follows: Nevertheless, consolidation cannot eliminate the necessity for careful drafting, nor can it avoid the…”

K. A. v. Attorney Gen. United States, 997 F.3d 99 (3rd Cir. 2021). “N.J. Stat. Ann. § 2C:20-2(c)(2). K.A. couples that with the New Jersey Supreme Court’s holding that the claim-of-right affirmative defense is unavailable for robbery, see Mejia, 662 A.”

State v. Bernardi, 192 A.3d 1040 (N.J. Super. Ct. App. Div. 2018). “2C:20-8(a) and N.J.S.A. 2C:20-2(b)(1)(a) (count five). 3 Bernardi was also charged with second-degree misconduct by a corporate official, N.”

State v. Jonusas, 694 N.W.2d 651 (Neb. 2005). “The New Jersey Legislature consolidated all theft offenses under N.J. Stat. Ann. § 2C:20-2(a) (West 1995), which provided: “ ‘A charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the…”

State v. Ortiz, 305 A.2d 800 (N.J. Super. Ct. App. Div. 1973). “, §§ 2C:20-2(c) and 2C:19-1 of proposed N.J.”

Show all 71 citing cases →

— N.J. Stat. § 2C:20-2(3) — 1 case

State v. Hogan, 758 S.E.2d 465 (N.C. Ct. App. 2014). “N.J. Stat. Ann. § 2C:20-2 (2011). Defendant was convicted of a third degree theft offense.”

— N.J. Stat. § 2C:20-2(4)(a) — 1 case

State of New Jersey in the Interest of J.L. (fj-09-0595-16, Hudson Cnty. & Statewide)(record Impounded) (N.J. Super. Ct. App. Div. 2017).

— N.J. Stat. § 2C:20-2(a) — 9 cases

State v. Gorman, 185 A.3d 902 (N.J. Super. Ct. App. Div. 2018). “The commentary to the Model Penal Code, after which the Criminal Code was modeled, discussed the consolidation concept as follows: Nevertheless, consolidation cannot eliminate the necessity for careful drafting, nor can it avoid the necessity for a properly specific delineation…”

State of New Jersey v. Troy Bunero (N.J. Super. Ct. App. Div. 2024).

Walker v. Johnson (D.N.J. 2024).

State of New Jersey Vs. Rashid Walker (02-06-0824, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

— N.J. Stat. § 2C:20-2(b) — 4 cases

State v. Marks, 207 A.3d 801 (N.J. Super. Ct. App. Div. 2017).

State of New Jersey Vs. Daniel J. Marks (17-03-0575, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey Vs. Leandro Olivo-reinoso (13-03-0148, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey v. Leslie Knight (N.J. Super. Ct. App. Div. 2024).

— N.J. Stat. § 2C:20-2(b)(1)(a) — 4 cases

State of New Jersey Vs. Jullian Oree (11-06-0410, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).

Marlene Caride, Comm'r, New Jersey Dep't of Banking & Ins. Vs. Catarina Young (new Jersey Dep't of Banking & Ins.) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey Vs. Yvonne Jeannotte-rodriguez State of New Jersey Vs. Marta I. Galvan State of New Jersey Vs. Lisa Ferraro (19-06-0446, Passaic Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2021).

— N.J. Stat. § 2C:20-2(b)(2) — 4 cases

State of New Jersey Vs. Joao v. Ribeiro (35-17, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey Vs. Keith Mcbride (09-12-2112, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).

State of New Jersey v. Angel Nunez-hernandez (16-07-0516, Union Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022).

State v. Marks, 207 A.3d 801 (N.J. Super. Ct. App. Div. 2017).

— N.J. Stat. § 2C:20-2(b)(2)(D) — 1 case

United States v. Clark, 373 F. App'x 365 (4th Cir. 2010).

— N.J. Stat. § 2C:20-2(b)(2)(a) — 1 case

State of New Jersey Vs. Daniel J. Marks (17-03-0575, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

— N.J. Stat. § 2C:20-2(b)(2)(b) — 3 cases

State of New Jersey Vs. Shandale Grady (18-04-0346, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey Vs. Thomas N. Waller (18-04-0207 & 18-04-0208, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).

State of New Jersey in the Interest of A.W. (fj-07-0388-21 & Fj-07-0508-21, Essex Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2022).

— N.J. Stat. § 2C:20-2(b)(2)(d) — 12 cases

State of New Jersey Vs. Squire Foster (17-01-0012, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey Vs. Elijah L. Johnson (15-04-1199, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).

State of New Jersey v. Jason a. Dotts, III State of New Jersey v. James L. Dotts, III (17-03-0358, Monmouth Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2022).

State of New Jersey v. Ronray L. Harris (17-05-0307, Cape May Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2022).

State of New Jersey Vs. Carlos Rojas (12-09-1046, Morris Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).

— N.J. Stat. § 2C:20-2(b)(2)(g) — 3 cases

State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015). “2C:3-1(a) may be asserted as to both charges against defendant if the record supports it, the specific claim of right affirmative defense authorized by N.J.S.A. 2C:20-2 expressly relates to a “prosecution for theft.”

State of New Jersey v. Marc W. Dennis (N.J. Super. Ct. App. Div. 2025).

State v. Bruce E. Lige (072327) (N.J. 2014).

— N.J. Stat. § 2C:20-2(b)(3) — 3 cases

Zaborowski v. Pennsylvania State Police, 892 A.2d 68 (Pa. Commw. Ct. 2006).

State of New Jersey Vs. Carlos Rojas (12-09-1046, Morris Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).

State of New Jersey Vs. Joao v. Ribeiro (35-17, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

— N.J. Stat. § 2C:20-2(b)(4) — 7 cases

Gary Holmes, III Vs. Bd. of Review (Bd. of Review, Dep't of Labor) (N.J. Super. Ct. App. Div. 2017).

State of New Jersey Vs. Joao v. Ribeiro (35-17, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

Marlene Caride, Comm'r, New Jersey Dep't of Banking & Ins. Vs. Catarina Young (new Jersey Dep't of Banking & Ins.) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey Vs. Joseph J. Talafous (16-05-0072, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).

— N.J. Stat. § 2C:20-2(b)(d) — 7 cases

State of New Jersey v. Jamel Carlton (N.J. Super. Ct. App. Div. 2024).

— N.J. Stat. § 2C:20-2(b)(l)(a) — 1 case

State of New Jersey v. Wilson A. Pinos Rivera (N.J. Super. Ct. App. Div. 2024).

— N.J. Stat. § 2C:20-2(c) — 3 cases

State v. Ortiz, 305 A.2d 800 (N.J. Super. Ct. App. Div. 1973). “, §§ 2C:20-2(c) and 2C:19-1 of proposed N.J.”

State of New Jersey v. Anthony L. Gibson (N.J. Super. Ct. App. Div. 2025).

— N.J. Stat. § 2C:20-2(c)(1) — 1 case

— N.J. Stat. § 2C:20-2(c)(2) — 3 cases

State v. D'agostino, 422 A.2d 97 (N.J. Super. Ct. App. Div. 1980).

State of New Jersey Vs. Anthony Vega (05-12-2152, Bergen Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).

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