Parliament is considering stricter penalties for shoplifters

Lawmakers are seeking tougher penalties for shoplifters amid the post-pandemic boom, but advocates warn higher penalties are unlikely to deter crime. (Photo by Brandon Bell/Getty Images)

Assembly lawmakers will consider stiffer penalties for shoplifters and new restrictions on gift card sales on Thursday, amid a recent uptick in shoplifting.

The bipartisan bill for the Assembly Public Safety and Preparedness Committee would, among other things, strengthen penalties for leading shoplifters, allow extended sentences for repeat offenders and elevate assaults on retail workers to a more serious charge.

“It’s probably not the final solution, but it’s certainly a step that we need to take to try to prevent things like this from happening because it’s a real problem,” said Assemblyman Alex Sauickie (R-Ocean), who chairs the bill . main Republican sponsor.

The legislation would allow for an extended sentence for individuals convicted of shoplifting three times in a 10-year period or within 10 years of their release from prison, and would increase the penalties for leading a retail crime to up to 10 years in prison up to twenty years.

It also allows law enforcement agencies to add up the cost of goods stolen by suspects within a year, allowing prosecutors to pursue more serious charges against serial shoplifters regardless of prior convictions.

The bid to increase penalties comes amid a recent spike in thefts following the pandemic. In 2023, law enforcement agencies reported 102,724 theft cases, up from 91,942 in 2019 and a pandemic slump that overall reduced crime in 2020 and 2021, according to crime statistics kept by the FBI.

The bill’s sponsors hoped that tougher penalties would deter would-be shoplifters, especially as neighboring states like New York and Pennsylvania increase their own penalties for shoplifting and, Sauickie feared, encourage shoplifters to target New Jersey.

“It’s something I think we need to address. “I think it’s only going to get worse in New Jersey because our surrounding states have cracked down on it and made the penalties for organized shoplifting even worse, so that means New Jersey is going to be low-hanging fruit,” he said.

Another provision would increase assault charges against retail workers performing their duties, reflecting protections for first responders, bus drivers and judges, among others. The bill also makes clear that online reselling of stolen goods falls under the state’s definition of fencing.

Some warned that higher sentences are unlikely to deter crime, noting that research by the U.S. Department of Justice found that prison sentences allowed some offenders to become more sophisticated in their methods and noting that the real or perceived likelihood of Getting caught would make the crime stop sooner.

“There is no data to support long-term sentences that are useful for deterrence. It feels like the same logic as three-strike laws and mandatory minimums where people leave for extended periods of time,” said Sarah Fajardo, policy director at the American Civil Liberties Union of New Jersey.

New Jersey lawmakers recently passed legislation imposing penalties for a range of crimes – including car thefts, certain burglariesAnd seizures involving body fluids – pursued “outdated, outdated policies instead of proven solutions,” Fajardo said.

Boosting education funding, housing availability and mental health options would do more to reduce crime, she said.

Reducing poverty would also help reduce crime by eliminating the financial imperative that drives some to theft, said Ashanti Jones, policy analyst at the New Jersey Institute for Social Justice’s criminal justice reform program.

“We have to recognize that when we talk about theft here, we are talking about poverty, and we have to address that somehow. That does not mean that responsibility is excluded,” she said. “We need to think about what will actually solve the problem: how can we reduce crime? Increasing the fines does not help.”

The bill contains other provisions intended to reduce gift card scams. It would require retailers that sell gift cards to train their employees to recognize attempts at gift card fraud and post notices highlighting the risk of such scams.

More elaborate packaging would be needed for gift cards that do not have a chip, are exclusive to the retailer selling them, or are stored in a place accessible only to employees. It also requires stricter recording of gift card sales to third-party resellers and requires gift card issuers to provide law enforcement authorities with evidence related to theft upon receipt of an official report by law enforcement authorities.

“We also try not to overregulate it. All it says is that this is a big problem. There needs to be training in how to detect gift card scams,” Sauickie said.

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