(Sponsorship Updated As Of: 6/13/2024)
SENATE, No. 1887
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Creates offense of financial exploitation of the elderly.
CURRENT VERSION OF TEXT
As reported by the Senate Judiciary Committee with technical review.
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT creating the offense of financial exploitation of the elderly 1
and amending N.J.S.2C:20-1 and N.J.S.2C:20-2 and 2
supplementing chapter 20 of Title 2C of the New Jersey Statutes. 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. N.J.S.2C:20-1 is amended to read as follows: 8
2C:20-1. Definitions. In chapters 20 and 21, unless a different 9
meaning plainly is required: 10
a. "Deprive" means: (1) to withhold or cause to be withheld 11
property of another permanently or for so extended a period as to 12
appropriate a substantial portion of its economic value, or with 13
purpose to restore only upon payment of reward or other 14
compensation; or (2) to dispose or cause disposal of the property so as 15
to make it unlikely that the owner will recover it. 16
b. "Fiduciary" means an executor, general administrator of an 17
intestate, administrator with the will annexed, substituted 18
administrator, guardian, substituted guardian, trustee under any trust, 19
express, implied, resulting or constructive, substituted trustee, 20
executor, conservator, curator, receiver, trustee in bankruptcy, assignee 21
for the benefit of creditors, partner, agent or officer of a corporation, 22
public or private, temporary administrator, administrator, administrator 23
pendente lite, administrator ad prosequendum, administrator ad litem 24
or other person acting in a similar capacity. "Fiduciary" shall also 25
include an employee or an agent of a cargo carrier, as the term is 26
defined in subsection w. of this section, while acting in that capacity, 27
or an independent contractor providing services to a cargo carrier as 28
that term is defined in subsection w. of this section. 29
c. "Financial institution" means a bank, insurance company, 30
credit union, savings and loan association, investment trust or other 31
organization held out to the public as a place of deposit of funds or 32
medium of savings or collective investment. 33
d. "Government" means the United States, any state, county, 34
municipality, or other political unit, or any department, agency or 35
subdivision of any of the foregoing, or any corporation or other 36
association carrying out the functions of government. 37
e. "Movable property" means property the location of which can 38
be changed, including things growing on, affixed to, or found in land, 39
and documents, although the rights represented thereby have no 40
physical location. "Immovable property" is all other property. 41
f. "Obtain" means: (1) in relation to property, to bring about a 42
transfer or purported transfer of a legal interest in the property, 43
whether to the obtainer or another; or (2) in relation to labor or service, 44
to secure performance thereof. 45
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g. "Property" means anything of value, including real estate, 1
tangible and intangible personal property, trade secrets, contract rights, 2
choses in action and other interests in or claims to wealth, admission 3
or transportation tickets, captured or domestic animals, food and drink, 4
electric, gas, steam or other power, financial instruments, information, 5
data, and computer software, in either human readable or computer 6
readable form, copies or originals. 7
h. "Property of another" includes property in which any person 8
other than the actor has an interest which the actor is not privileged to 9
infringe, regardless of the fact that the actor also has an interest in the 10
property and regardless of the fact that the other person might be 11
precluded from civil recovery because the property was used in an 12
unlawful transaction or was subject to forfeiture as contraband. 13
Property in possession of the actor shall not be deemed property of 14
another who has only a security interest therein, even if legal title is in 15
the creditor pursuant to a conditional sales contract or other security 16
agreement. 17
i. "Trade secret" means the whole or any portion or phase of any 18
scientific or technical information, design, process, procedure, formula 19
or improvement which is secret and of value. A trade secret shall be 20
presumed to be secret when the owner thereof takes measures to 21
prevent it from becoming available to persons other than those selected 22
by the owner to have access thereto for limited purposes. 23
j. "Dealer in property" means a person who buys and sells 24
property as a business. 25
k. "Traffic" means: 26
(1) To sell, transfer, distribute, dispense or otherwise dispose of 27
property to another person; or 28
(2) To buy, receive, possess, or obtain control of or use property, 29
with intent to sell, transfer, distribute, dispense or otherwise dispose of 30
such property to another person. 31
l. "Broken succession of title" means lack of regular documents 32
of purchase and transfer by any seller except the manufacturer of the 33
subject property, or possession of documents of purchase and transfer 34
by any buyer without corresponding documents of sale and transfer in 35
possession of seller, or possession of documents of sale and transfer by 36
seller without corresponding documents of purchase and transfer in 37
possession of any buyer. 38
m. "Person" includes any individual or entity or enterprise, as 39
defined herein, holding or capable of holding a legal or beneficial 40
interest in property. 41
n. "Anything of value" means any direct or indirect gain or 42
advantage to any person. 43
o. "Interest in property which has been stolen" means title or right 44
of possession to such property. 45
p. "Stolen property" means property that has been the subject of 46
any unlawful taking. 47
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q. "Enterprise" includes any individual, sole proprietorship, 1
partnership, corporation, business trust, association, or other legal 2
entity, and any union or group of individuals associated in fact, 3
although not a legal entity, and it includes illicit as well as licit 4
enterprises and governmental as well as other entities. 5
r. "Attorney General" includes the Attorney General of New 6
Jersey, his assistants and deputies. The term shall also include a 7
county prosecutor or his designated assistant prosecutor, if a county 8
prosecutor is expressly authorized in writing by the Attorney General 9
to carry out the powers conferred on the Attorney General by this 10
chapter. 11
s. "Access device" means property consisting of any telephone 12
calling card number, credit card number, account number, mobile 13
identification number, electronic serial number, personal identification 14
number, or any other data intended to control or limit access to 15
telecommunications or other computer networks in either human 16
readable or computer readable form, either copy or original, that can 17
be used to obtain telephone service. Access device also means 18
property consisting of a card, code or other means of access to an 19
account held by a financial institution, or any combination thereof, that 20
may be used by the account holder for the purpose of initiating 21
electronic fund transfers. 22
t. "Defaced access device" means any access device, in either 23
human readable or computer readable form, either copy or original, 24
which has been removed, erased, defaced, altered, destroyed, covered 25
or otherwise changed in any manner from its original configuration. 26
u. "Domestic companion animal" means any animal commonly 27
referred to as a pet or one that has been bought, bred, raised or 28
otherwise acquired, in accordance with local ordinances and State and 29
federal law for the primary purpose of providing companionship to the 30
owner, rather than for business or agricultural purposes. 31
v. "Personal identifying information" means any name, number or 32
other information that may be used, alone or in conjunction with any 33
other information, to identify a specific individual and includes, but is 34
not limited to, the name, address, telephone number, date of birth, 35
social security number, official State issued identification number, 36
employer or taxpayer number, place of employment, employee 37
identification number, demand deposit account number, savings 38
account number, credit card number, mother's maiden name, unique 39
biometric data, such as fingerprint, voice print, retina or iris image or 40
other unique physical representation, or unique electronic 41
identification number, address or routing code of the individual. 42
w. "Cargo carrier" means: (1) any business or establishment 43
regularly operating for the purpose of conveying goods or property for 44
compensation from one place to another by road, highway, rail, water 45
or air, by any means including but not limited to any pipeline system, 46
railroad car, motor truck, truck, trailer, semi-trailer, commercial motor 47
vehicle or other vehicle, any steamboat, vessel or aircraft, and any 48
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business or establishment regularly engaged in the temporary storage 1
of goods or property incident to further distribution of the goods or 2
property elsewhere for commercial purposes, including but not limited 3
to businesses or establishments operating a tank or storage facility, 4
warehouse, terminal, station, station house, platform, depot, wharf, 5
pier, or from any ocean, intermodal, container freight station or freight 6
consolidation facility; or (2) any business or establishment that 7
conveys goods or property which it owns or has title to, from one place 8
to another, by road, highway, rail, water or air by any means including 9
but not limited to any pipeline system, railroad car, motor truck, truck, 10
trailer, semi-trailer, commercial motor vehicle or other vehicle, any 11
steamboat, vessel or aircraft, and including the storage and 12
warehousing of goods and property incidental to their conveyance 13
from one place to another. 14
x. "Elderly" means any person who is 60 years of age or older 15
and is suffering from a disease or infirmity associated with 16
advanced age or suffers from a mental disease, defect or condition 17
which renders the person incapable of deciding whether to give or 18
withhold consent to taking, obtaining or withholding of his 19
property. 20
y. "Person in a position of trust" means a person who: 21
(a) is the parent, spouse, adult child or other relative by blood or 22
affinity of an elderly person; or 23
(b) is a joint tenant or tenant in common with an elderly person; 24
or 25
(c) has a fiduciary obligation to an elderly person; or 26
(d) receives monetary or other valuable consideration for 27
providing care for the elderly person; or 28
(e) lives with or provides some component of home care 29
services on a continuing basis to the elderly person including, but 30
not limited to, a neighbor or friend who does not provide such 31
services on a compensated basis but has access to the elderly person 32
based on such relationship. 33
(cf: P.L.2013, c.58, s.1) 34
35
2. N.J.S.2C:20-2 is amended to read as follows: 36
2C:20-2. a. Consolidation of Theft and Computer Criminal 37
Activity Offenses. Conduct denominated theft or computer criminal 38
activity in this chapter constitutes a single offense, but each episode or 39
transaction may be the subject of a separate prosecution and 40
conviction. A charge of theft or computer criminal activity may be 41
supported by evidence that it was committed in any manner that would 42
be theft or computer criminal activity under this chapter, 43
notwithstanding the specification of a different manner in the 44
indictment or accusation, subject only to the power of the court to 45
ensure fair trial by granting a bill of particulars, discovery, a 46
continuance, or other appropriate relief where the conduct of the 47
defense would be prejudiced by lack of fair notice or by surprise. 48
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b. Grading of theft offenses. 1
(1) Theft constitutes a crime of the second degree if: 2
(a) The amount involved is $75,000 or more; 3
(b) The property is taken by extortion; 4
(c) The property stolen is a controlled dangerous substance or 5
controlled substance analog as defined in N.J.S.2C:35-2 and the 6
quantity is in excess of one kilogram; 7
(d) The property stolen is a person's benefits under federal or State 8
law, or from any other source, which the Department of Human 9
Services or an agency acting on its behalf has budgeted for the 10
person's health care and the amount involved is $75,000 or more; 11
(e) The property stolen is human remains or any part thereof; 12
except that, if the human remains are stolen by deception or 13
falsification of a document by which a gift of all or part of a human 14
body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the 15
theft constitutes a crime of the first degree; or 16
(f) It is in breach of an obligation by a person in his capacity as a 17
fiduciary and the amount involved is $50,000 or more. 18
(2) Theft constitutes a crime of the third degree if: 19
(a) The amount involved exceeds $500 but is less than $75,000; 20
(b) The property stolen is a firearm, vessel, boat, horse, domestic 21
companion animal or airplane; 22
(c) The property stolen is a controlled dangerous substance or 23
controlled substance analog as defined in N.J.S.2C:35-2 and the 24
amount involved is less than $75,000 or is undetermined and the 25
quantity is one kilogram or less; 26
(d) It is from the person of the victim; 27
(e) It is in breach of an obligation by a person in his capacity as a 28
fiduciary and the amount involved is less than $50,000; 29
(f) It is by threat not amounting to extortion; 30
(g) It is of a public record, writing or instrument kept, filed or 31
deposited according to law with or in the keeping of any public office 32
or public servant; 33
(h) The property stolen is a person's benefits under federal or State 34
law, or from any other source, which the Department of Human 35
Services or an agency acting on its behalf has budgeted for the 36
person's health care and the amount involved is less than $75,000; 37
(i) The property stolen is any real or personal property related to, 38
necessary for, or derived from research, regardless of value, including, 39
but not limited to, any sample, specimens and components thereof, 40
research subject, including any warm-blooded or cold-blooded animals 41
being used for research or intended for use in research, supplies, 42
records, data or test results, prototypes or equipment, as well as any 43
proprietary information or other type of information related to 44
research; 45
(j) The property stolen is a New Jersey Prescription Blank as 46
referred to in R.S.45:14-14; 47
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(k) The property stolen consists of an access device or a defaced 1
access device; 2
(l) The property stolen consists of anhydrous ammonia and the 3
actor intends it to be used to manufacture methamphetamine; or 4
(m) The property stolen consists of a package delivered to a 5
residential property by a cargo carrier and the amount involved is less 6
than $75,000 or is undetermined. 7
(3) Theft constitutes a crime of the fourth degree if the amount 8
involved is at least $200 but does not exceed $500; except that if the 9
theft involved financial exploitation of the elderly pursuant to section 3 10
of P.L. , c. (C. ) (pending before the Legislature as this bill), 11
the theft constitutes a crime of the third degree. 12
(4) Theft constitutes a disorderly persons offense if: 13
(a) The amount involved was less than $200; except that if the 14
theft involved financial exploitation of the elderly pursuant to section 3 15
of P.L. , c. (C. ) (pending before the Legislature as this bill), 16
the theft constitutes a crime of the third degree; or 17
(b) The property stolen is an electronic vehicle identification 18
system transponder. 19
The amount involved in a theft or computer criminal activity shall 20
be determined by the trier of fact. The amount shall include, but shall 21
not be limited to, the amount of any State tax avoided, evaded or 22
otherwise unpaid, improperly retained or disposed of. Amounts 23
involved in thefts, thefts of motor vehicles, or computer criminal 24
activities committed pursuant to one scheme or course of conduct, 25
whether from the same person or several persons, may be aggregated 26
in determining the grade of the offense. 27
c. Claim of right. It is an affirmative defense to prosecution for 28
theft that the actor: 29
(1) Was unaware that the property or service was that of another; 30
(2) Acted under an honest claim of right to the property or service 31
involved or that he had a right to acquire or dispose of it as he did; or 32
(3) Took property exposed for sale, intending to purchase and pay 33
for it promptly, or reasonably believing that the owner, if present, 34
would have consented. 35
d. Theft from spouse. It is no defense that theft or computer 36
criminal activity was from or committed against the actor's spouse, 37
except that misappropriation of household and personal effects, or 38
other property normally accessible to both spouses, is theft or 39
computer criminal activity only if it occurs after the parties have 40
ceased living together. 41
(cf: P.L.2023, c.101, s.4) 42
43
3. (New section) Financial exploitation of the elderly. 44
a. A person obtains property by financial exploitation of the 45
elderly when, being a person in a position of trust, he compels or 46
induces an elderly person to deliver such property to him or to a 47
third person by means of fraud, false promise, extortion or 48
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intimidation. 1
b. No provision of this section shall be deemed to impose 2
criminal liability upon any person who in good faith seeks to assist 3
an elderly person in the management of his property, but through no 4
fault of such person is unable to assist the elderly person. 5
c. In any prosecution for theft committed by financial 6
exploitation of the elderly, it is an affirmative defense that the 7
defendant did not know, or could not have known, the facts or 8
conditions which render the person an elderly person as defined in 9
subsection x. of N.J.S.2C:20-1. 10
11
4. This act shall take effect immediately. 12