Last reviewed . Law current as of October 2026.
Under N.J.S.A. 2C:20-11, shoplifting merchandise worth less than $200 is a disorderly persons offense. From $200 to $500 it is a fourth-degree crime, over $500 and under $75,000 a third-degree crime, and $75,000 or more a second-degree crime. Every conviction carries mandatory community service, and a third or later conviction carries at least 90 days in jail.
Key takeaways
- Under $200 is a disorderly persons offense; $200–$500 fourth degree; over $500 third degree; $75,000+ second degree.
- Every conviction carries mandatory community service: at least 10 days, then at least 15, then up to 25.
- A third or later conviction carries at least 90 days in jail.
What counts as shoplifting in New Jersey?
The statute lists six acts, each done purposely and with the intent to deprive the merchant:
- Taking or carrying away merchandise without paying full retail value
- Concealing merchandise on yourself or otherwise
- Altering, switching or removing a price tag or label and trying to buy the item for less
- Moving merchandise from its container into another container
- Under-ringing: making the register show less than full retail value (this often applies to cashiers)
- Removing a shopping cart from the premises without consent, intending to keep it
Is shoplifting a felony in NJ? How is the grade set?
| Full retail value | Grade | Court |
|---|---|---|
| Less than $200 | Disorderly persons offense | Municipal |
| $200 to $500 | Fourth-degree crime | Superior |
| Over $500 and under $75,000 | Third-degree crime | Superior |
| $75,000 or more | Second-degree crime | Superior |
| Organized retail theft enterprise, under $1,000 | Third-degree crime | Superior |
| Organized retail theft enterprise, $1,000 or more | Second-degree crime | Superior |
"Full retail value" is the merchant's stated or advertised price. Values from acts that were part of one scheme or course of conduct can be added together to reach a higher grade, no matter how long the scheme lasted.
Is there mandatory community service or jail for shoplifting?
On top of the ordinary penalty for the grade, the statute requires community service: at least 10 days for a first offense, at least 15 days for a second, and up to 25 days for a third or later offense. A third or later shoplifting conviction also requires a minimum of 90 days in jail.
What if I hid an item but never left the store?
If someone purposely conceals unpaid merchandise, inside or outside the store, the law presumes (prima facie) that they meant to take it without paying. Finding the item hidden on the person or in their belongings is prima facie evidence of purposeful concealment. A presumption is not a conviction: the State still has to prove the case, and the facts around the concealment matter.
Can a store hold me until police arrive?
A police officer, special officer or merchant who has probable cause to believe a person concealed unpaid merchandise may detain that person in a reasonable manner for a reasonable time to recover it. Police may arrest for shoplifting without a warrant on probable cause. Whether the store and police actually had probable cause, and what was said during the detention, are common defense questions.
Is it a separate offense to use an anti-theft countermeasure?
Possessing or using any device made or altered to defeat a store's anti-shoplifting or inventory control system inside a store is a separate disorderly persons offense.
How is a shoplifting charge defended?
- Intent: forgetting an item in a cart or bag is not the same as purposely taking it
- Value: whether the price used matches the merchant's stated price, and whether aggregation is proper
- Video: what the store footage actually shows from start to finish
- Probable cause for the detention and the arrest
- Diversion options, such as conditional dismissal in municipal court or PTI for indictable charges
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
Frequently asked questions
Is shoplifting under $200 a crime in New Jersey?
It is a disorderly persons offense, which the Code does not call a crime, but it still goes on your record and carries mandatory community service of at least 10 days for a first offense.
Can a store hold me until police arrive?
A merchant with probable cause to believe you concealed unpaid merchandise may detain you in a reasonable manner for a reasonable time to recover it.
Can several small thefts be charged as one bigger one?
Yes. If the acts were part of one scheme or course of conduct, the values can be added together to set the grade.
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Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.