On April 1, 2025, Governor Phil Murphy signed a new law targeting organized retail theft in New Jersey. The new legislation is designed to address the increasing number of organized shoplifting rings by imposing stricter penalties and introducing measures aimed at enhancing the security of retail operations. By focusing on organized efforts that disrupt business activities, the law reflects the state’s broader commitment to protecting the interests of businesses and the well-being of shoppers and retail workers.

As the law takes effect, the penalties for retail theft in NJ are changing. This means those who are accused of theft should be aware of the new legislation. 

In this article, we will go over the specifics of this new law and the penalties associated with it, why it was passed, and how an attorney from Rosenblum Law can provide expert legal representation to defend those accused of breaking this law.

What is the New Law?

On April 1, 2025, Governor Phil Murphy signed A4755/S3587, which sets new standards for what is considered retail theft, extends prison terms for repeat offenders of retail theft, addresses gift card fraud, and requires action by the Attorney General against organized retail theft. The bill also puts New Jersey retail theft laws in line with New York and Pennsylvania, which already have similar rules in place.

The specific changes and penalties outlined in the new retail theft bill are as follows: 

1. Simple assault is now aggravated assault when committed against a retail employee performing their job duties.
2. Failure to pay taxes, fees, penalties, or interest is upgraded to a second-degree crime if it stems from conduct as a leader of an organized retail theft enterprise.
3. Fostering the sale of stolen property is now classified as a disorderly persons offense.
4. The value of merchandise stolen in a shoplifting offense can be used to enhance the severity of the charge.
5. Offenders with multiple retail theft convictions may face extended prison terms.
6. Merchants selling gift cards must use secure packaging and display a consumer fraud notice issued by the Division of Consumer Affairs.
7. The Attorney General is authorized and encouraged to take necessary steps to combat organized retail theft, which may include creating a retail theft unit or task force.

Why Was the Law Passed?

New Jersey is targeting large-scale shoplifting, which is often backed by criminal organizations and poses significant financial and safety risks. With shoplifting increasing at retail stores like Target, Walmart, Macy’s, JCPenney, and other large and small businesses, these retail theft provisions are an effort to protect retailers’ financial interests. Businesses in New Jersey are suffering financial losses as a result of retail theft and are being forced to close business locations or increase consumer prices to make up the shortfall.

Retail theft has also put both employees and customers in dangerous situations, as organized theft is sometimes carried out in public spaces in violent and disruptive ways. The bill is meant to help keep New Jersey business owners and civilians safe from those committing theft.

Penalties for Breaking NJ’s New Retail Theft Laws

New Jersey’s newly signed organized retail theft law significantly increases the penalties for retail-related crimes, especially when those crimes are part of larger, coordinated operations. 

Here’s what the new NJ law now mandates:

• Assaulting a retail worker is now aggravated assault, punishable by up to 5 years in prison and a $15,000 fine.
• For those who are not first-time offenders, repeated shoplifters face enhanced sentencing after three convictions within 10 years or within 10 years of being released from incarceration.
• Leaders of organized retail theft rings can receive 10 to 20 years in prison.
• Selling stolen goods online is now considered “fencing”, with penalties up to 6 months in jail and a $1,000 fine.

Because the consequences of violating the law are severe, anyone accused of doing so should seek the help of an experienced attorney immediately.

Defense Strategies Against Organized Retail Theft Charges

For those accused of retail theft in New Jersey under the new legislation, there are many possible defense strategies, including:

• Challenging Evidence of Coordination or Planning: Prosecutors must demonstrate that the accused was part of an organized effort to commit retail theft. An accused individual can argue that the prosecution’s evidence on this point is insufficient – for example, that the defendant was not acting in coordination with others..​
• Arguing Lack of Intent or Knowledge: Establishing that the accused individual lacked intent or was unaware of participating in a theft enterprise can be a viable defense. This approach questions whether the accused knowingly engaged in illegal activities.​
• Negotiating Reduced Charges: With the law’s provision for extended prison terms for repeat offenders, an accused individual can also negotiate for lesser charges. An experienced attorney can work to mitigate the severity of the charges, especially if the defendant is facing enhanced penalties under the new legislation.​

A defense attorney experienced in theft and conspiracy cases can navigate the intricacies of the legal system, develop effective defense strategies, and advocate for the best possible outcome.

How Rosenblum Law Can Help

If you or a loved one is facing charges related to retail theft or organized retail crime in New Jersey, Rosenblum Law is here to help. Our attorneys are highly experienced in New Jersey’s theft laws, including traditional shoplifting charges and the more complex cases involving organized retail theft under the state’s new legislation.

We are committed to protecting your rights, minimizing potential penalties, and working to avoid long-term consequences that can come from a criminal conviction. Our legal team understands how prosecutors build these cases, and we know how to fight back effectively. Contact us today for a free consultation, and read our Guide to Defend Against Shoplifting Charges to learn more about the legal process and how we can help.

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