New Jersey Criminal Statute Guide
N.J.S.A. 2C:20-7: Receiving stolen property
Suspiciously cheap property is evidence, not the entire offense. The State must prove knowing receipt or importation and that the person knew the item was stolen or believed it was probably stolen.
Plain English
What 2C:20-7 actually prohibits
The statute covers knowingly receiving or bringing into New Jersey another’s movable property, other than a motor vehicle, while knowing it was stolen or believing it probably was. Receiving includes acquiring possession, control, title, or lending money secured by the property.
The section supplies permissive inferences for specified patterns: multiple items stolen on separate occasions, a recent stolen-property transaction, a dealer’s failure to make reasonable ownership inquiry, multiple defaced access devices, and cargo-carrier property held without proper documentation. An inference may be rejected and does not eliminate proof beyond a reasonable doubt. Degree is supplied by the general and category-specific grading rules in 2C:20-2.
What the State must prove
- Knowing receipt, control, title, secured lending, or bringing into New Jersey of another’s movable non-motor-vehicle property.
- Knowledge that the property was stolen or belief that it was probably stolen.
- Value, property category, source, and any aggregation facts establishing the degree under 2C:20-2.
Degree and Exposure
The grading rules matter
General theft bands and special categories apply. Ordinary value grading is DP below $200, fourth degree at $200 through $500, third degree above $500 but below $75,000, and second degree at $75,000 or more. Access devices, firearms, cargo and other listed property may carry special treatment. Motor vehicles are addressed separately in 2C:20-7.1 and related provisions.
| Level | Ordinary imprisonment range | Maximum ordinary fine | Usual court |
|---|---|---|---|
| Second-degree crime | 5 to 10 years | $150,000 | Superior Court |
| Third-degree crime | 3 to 5 years | $15,000 | Superior Court |
| Fourth-degree crime | Up to 18 months | $10,000 | Superior Court |
| Disorderly persons offense | Up to 6 months | $1,000 | Municipal Court ordinarily |
These are statutory maximums and ordinary degree ranges, not a prediction of sentence. Restitution, assessments, probation conditions, merger, consecutive-sentence rules, prior record, and offense-specific provisions can change the practical result.
Proof Problems
The evidence is charge-specific
Possession and control
Recovery location, fingerprints or DNA, account access, sale listings, shipping, storage access, and communications must connect the accused to control, not merely proximity.
Reason to believe stolen
Price, altered identifiers, inconsistent provenance, secrecy, seller statements, repeated transactions, and efforts to verify ownership bear on the required knowledge or belief.
Value and identity
Serial numbers, owner records, condition, appraisals, and chain of custody should prove the item was stolen property and support the grade claimed.
Defense Analysis
Issues counsel should test
No knowledge or probable belief
A plausible purchase, ordinary price, receipt, seller identity, and reasonable provenance checks can undercut the claimed mental state.
Purpose to restore
It is an affirmative defense that the property was received with the purpose of restoring it to the owner. Prompt documented contact with the owner or police can matter.
No control or wrong identification
Shared premises and vehicles often contain property belonging to several people. The State must connect the accused to knowing dominion over the specific stolen item.
A possible issue is not an automatic dismissal. Its value depends on the admissible record, the exact subsection charged, and what the State can prove beyond a reasonable doubt.
Charge Boundaries
Related, but not interchangeable
Original theft: The State need not prove the receiver was the original thief, but it must prove the property was stolen and the receiver’s culpable knowledge or belief.
Fencing: Dealer and trafficking provisions address organized dealing, altered property, and motor vehicles under separate subsections and statutes.
Possession of a stolen vehicle: Motor vehicles are expressly excluded from subsection (a) and governed by separate provisions with their own inferences and penalties.
Indictable crimes are ordinarily handled in Superior Court. A disorderly persons or petty disorderly persons charge is ordinarily heard in municipal court unless it travels with indictable counts or is otherwise transferred. The complaint and later charging documents control.
Practice and court resources
Common Questions
Questions about 2C:20-7
Is buying something far below market price enough?
It may support an inference from the circumstances, but price alone does not automatically prove knowledge or belief that property was probably stolen. Provenance, seller statements, condition, and the buyer’s inquiry matter.
Can I be charged if the item was in a shared car?
Yes, but the State must prove knowing possession or control, not mere presence. Ownership, access, placement, statements, and forensic evidence can be important.
Do I have to know exactly when it was stolen?
No. The key state of mind is knowledge that it was stolen or belief that it was probably stolen, not knowledge of every detail of the original theft.
Primary Sources
Read the law and current court instructions
- New Jersey Legislature lookup for N.J.S.A. 2C:20-7 (section text and amendment history).
- New Jersey Legislature bulk statutes archive.
- New Jersey Courts, current Model Criminal Jury Charges. Search the exact citation; not every offense or subsection has a model charge.
- N.J.S.A. 2C:43-3 fines and restitution and N.J.S.A. 2C:43-6 ordinary prison terms.
Source verification: section language and amendment history checked against the Legislature bulk text through L.2025, c.405 on September 5, 2026. Sentencing ranges were checked against N.J.S.A. 2C:43-3 and 2C:43-6 in the same snapshot. The Judiciary’s live model-charge index was checked September 5, 2026; because model charges are revised separately, its current entry should be used at the time of a case.
The citation is only the starting point.
Bring the complaint, charging language, and any release or no-contact conditions. We can discuss what this particular allegation requires and where the proof may be contested.
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Source verification completed September 5, 2026 against the New Jersey Legislature bulk statutes through P.L.2025, c.405, the exact Title 2C section, applicable sentencing statutes, and the New Jersey Judiciary’s current model-charge index. Primary sources: Legislature statute archive and Judiciary model charges. This is source verification, not a representation of attorney review. Laws change; nothing here is legal advice for your specific case.