Shoplifting under N.J.S.A. 2C:20-11 of the New Jersey Criminal code is one of the most common crimes committed in the state of New Jersey, and can often times be accused over mistake of fact or misunderstanding between vendor and customer. Specifically, there have been a large number of cases in recent years stemming from the popular women’s cosmetics store Sephora. The high number of cases stemming from this vendor revolve around its policies concerning free samples, which are not followed strictly by their sales employees, but can be enforced stingily by their anti-theft team.
Title 2c of the New Jersey Criminal code outlines shoplifting in its entirety as one of six offenses; however, we will be looking at the statute as it deals with purpose or intent. Specifically did you mean to take something and not pay for it? What that your intent? N.J.S.A 2C:20-11b(2), outlines the types of cases accused shoplifters generally encounter at Sephora. This section of the statute outlines that it is considered shoplifting,
“(2) For any person purposely to conceal upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the processes, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof.”