Last reviewed . Law current as of October 2026.
New Jersey grades theft mainly by the value of the property under N.J.S.A. 2C:20-2: $75,000 or more is a second-degree crime; more than $500 but under $75,000 is third degree; $200 to $500 is fourth degree; and under $200 is a disorderly persons offense. Shoplifting under N.J.S.A. 2C:20-11 uses the same thresholds and adds mandatory community service.
Value is not the only factor
Under N.J.S.A. 2C:20-2(b), some theft is graded higher regardless of value, for example theft of a firearm, a controlled dangerous substance, or property taken from the person of the victim, or theft by extortion. Thefts of motor vehicles that are part of one scheme can also be added together to set the grade. How the State calculates value, and whether separate incidents are added together, can change the degree.
Shoplifting penalties
- First conviction: at least 10 days of community service
- Second conviction: at least 15 days of community service
- Third or later conviction: at least 90 days in jail
These minimums come from N.J.S.A. 2C:20-11(c), in addition to the ordinary penalties for the degree or offense level. A store may also send a civil demand letter under N.J.S.A. 2A:61C-1. That civil claim is separate from the criminal case.
Defense and diversion
- Whether the State can prove intent to deprive, which is required for theft
- Store video, loss-prevention reports, and how value was calculated
- Conditional dismissal in municipal court, or PTI for indictable theft, if eligible
- Downgrade of an indictable theft charge to a disorderly persons offense
Frequently asked questions
Is shoplifting a crime in New Jersey?
It depends on the value. Shoplifting under $200 is a disorderly persons offense heard in municipal court. Higher values are indictable crimes of the fourth, third, or second degree heard in Superior Court.
Is there mandatory community service for shoplifting in New Jersey?
Yes. N.J.S.A. 2C:20-11(c) requires at least 10 days of community service for a first conviction and 15 days for a second, and at least 90 days in jail for a third or later conviction.
I got a letter from the store asking for money. Is that part of my case?
No. A civil demand from a retailer under N.J.S.A. 2A:61C-1 is a separate civil claim. Paying it does not end the criminal case, and not paying it is not a crime.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
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.