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New Jersey Section 2C:20-6 – Theft of property lost, mislaid, or delivered by mistake

Theft of Property Lost, Mislaid, or Delivered by Mistake in New Jersey

New Jersey law takes a strict approach to the theft of property that is lost, mislaid, or delivered by mistake. Section 2C:20-6 of the New Jersey Code of Criminal Justice makes it a crime to take control of property belonging to another person if you know it was lost, mislaid, or delivered incorrectly, and intend to deprive the owner of their property. This article will explain the key elements of the offense, potential defenses, and penalties defendants may face if convicted.

The Elements of the Offense

For a defendant to be found guilty under 2C:20-6, the prosecution must prove four elements beyond a reasonable doubt:

  1. The defendant obtained control over someone else’s property;
  2. The defendant knew the property was lost, mislaid, or delivered by mistake;
  3. The defendant knew the identity of the property’s rightful owner; and
  4. The defendant intended to deprive the owner of their property by converting it for their own use.

The law requires that the defendant knew the property did not belong to them. Simply finding lost property or receiving a misdelivered package is not enough for criminal liability. The defendant’s actions after taking control determine whether it becomes theft.

Knowledge of the Property’s Status

The prosecution must also prove the defendant knew the property was lost or misdelivered when they took control of it. Simply finding unattended property does not automatically make someone criminally liable.

For example, picking up a $20 bill dropped on the sidewalk would not be theft under 2C:20-6. But taking a lost wallet off the ground when the owner’s ID is inside, and keeping the cash, would show knowledge it belonged to someone else.

Identifying the True Owner

Crucially, the defendant must know whose property it is to be convicted of theft under this statute. If reasonable doubt exists over whether they knew the owner’s identity, they cannot be found guilty.

For instance, finding a lost cell phone with no identification and keeping it may not qualify as theft without proof the person knew exactly who lost it. But taking a package left at the wrong address, knowing it belongs to a neighbor, could violate 2C:20-6.

Intent to Deprive the Owner

Finally, the prosecution must establish the defendant intended to permanently deprive the property’s owner by converting it to their own use. If they planned to return it to the rightful owner, and took reasonable steps to do so, it may not constitute theft under this law.

While the exact amount of time is unclear, keeping lost property for an unreasonably long period without trying to locate the owner shows intent to deprive them of it.

Potential Defenses

Several defenses may apply in lost property theft cases that could lead to acquittal, such as:

  • Lack of criminal intent – The defendant did not realize the property was lost or misdelivered and assumed it was abandoned or their own.
  • No control established – The defendant’s actions did not rise to the level of taking control of the property. They briefly handled it but did not take possession.
  • Owner identity unknown – The prosecution cannot prove beyond a reasonable doubt the defendant knew who the property belonged to.
  • Planned to return it – The defendant intended to return the property to its owner and took reasonable measures to do so.

Penalties Upon Conviction

The potential penalties if convicted of lost property theft depend on the value of the property taken:

  • 2nd degree crime – Theft of property valued at $75,000 or more. Punishable by 5-10 years in prison and fines up to $150,000.
  • 3rd degree crime – Theft of property valued between $500 – $75,000. Punishable by 3-5 years in prison and fines up to $15,000.
  • 4th degree crime – Theft of property valued between $200 – $500. Punishable by up to 18 months in prison and fines up to $10,000.

Even low-value cases can lead to a permanent criminal record. Anyone facing charges under this statute should seek legal counsel from an experienced New Jersey criminal defense attorney.

Avoiding Trouble with Lost or Misdelivered Property

To steer clear of liability when encountering lost or mistakenly delivered property, it is advisable to:

  • Leave the property where it is and contact the authorities to report it.
  • If taking possession, make reasonable efforts to identify and contact the owner promptly.
  • Avoid removing cash, using credit cards, or otherwise benefiting from the property.
  • Follow up with police or the post office if the owner cannot be located.
  • Consult an attorney if charges are filed, as defenses may apply.

The bottom line is that keeping lost property for yourself risks criminal theft charges in New Jersey. Those who encounter such situations should act in good faith to return the property, not convert it for personal gain. Any charges brought under 2C:20-6 warrant consulting an experienced criminal defense lawyer.

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