ASSEMBLY, No. 528

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman CRECCO

An Act concerning the use of juveniles for the commission of theft offenses and supplementing chapter 20 of Title 2C of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. A person is guilty of employing a juvenile for the commission of a theft if that person being at least 18 years of age knowingly uses, solicits, directs, hires or employs a person 17 years of age or younger to commit an offense under any of the following sections: N.J.S.2C:20-2, N.J.S.2C:20-3, N.J.S.2C:20-4, N.J.S.2C:20-5, N.J.S.2C:20-6 and N.J.S.2C:20-11.

    b. An offense under this section constitutes a crime of the fourth degree if the underlying offense is a disorderly persons offense. Otherwise, an offense under this section shall be classified one degree higher than the underlying offense.

    c. It shall be no defense to a prosecution under this section that the actor mistakenly believed that the person which the actor used, solicited, directed, hired, or employed was 18 years of age or older, even if such mistaken belief was reasonable.

    2. This act shall take effect immediately.

STATEMENT

    This bill would create a new criminal offense of employing a juvenile for the commission of a theft. A person commits this crime if, being at least 18 years of age, he knowingly uses, solicits, directs, hires or employs a person 17 years of age or younger to commit certain theft offenses. Included are theft by unlawful taking, theft by deception, theft by extortion, theft of property lost, mislaid or delivered by mistake and shoplifting.

    A person convicted under the bill would be guilty of an offense one degree higher than the underlying offense. For example, auto theft is generally a crime of the third degree. Under the provisions of this bill, an adult who employs a juvenile to commit an auto theft would be guilty of a crime of the second degree.

    The bill also provides that it is no defense that the adult mistakenly believed the person employed was over 18, even if such a belief was reasonable.

Creates offense of employing a juvenile for the commission of a theft.