New Jersey Forgery and Counterfeiting Laws

Statutes

• New Jersey Statutes 2C:21-1, 2C:21-2 (Forgery)
• New Jersey Statutes 2C:21-2.4 (Possession of fraudulent receipts)
• New Jersey Statutes 2C:21-32 (Counterfeiting)
• New Jersey Statutes 2C: 43-6 (Penalties)

Forgery

Forgery as a disorderly persons offense:

• Possession of 1 or more forged sales receipts, UPC labels, or check with the intent to defraud a retail merchant.

Fourth degree forgery:

• Possession of a forged document
• Making, altering, or uttering any object so that it appears to have value because of antiquity, rarity, source, or authorship which it doesn't possess

Third degree forgery:

• Forgery of money, securities, or checks
• Possession of 15 or more forged receipts labels or checks
• Possessing or making any device, equipment, software, or article designed or adapted for purposes of forging written instruments
• Knowingly using a forged government-issued ID (birth certificate, driver's license)

Penalties

The actual penalties will depend on the specific circumstances in the case; the following are general guidelines:

• Disorderly persons offense: Punishable by up to 6 months incarceration and/or a fine of up to $100
• Fourth degree crime: Punishable by up to 18 months in prison
• Third degree crime: Punishable by a prison term of up to 5 years in prison and/or fine not to exceed $500
• Second degree crime: Punishable by up to 10 years in prison

Counterfeiting

Counterfeiting:

• The actor (with the intent to defraud another) knowingly manufactures/uses/displays/advertises/distributes/sells or possesses with the intent to sell or in conjunction with commercial activities within New Jersey, any item or services identified by a counterfeit mark.
• An individual has possession or control of more than 25items bearing a counterfeit mark.

Fourth degree:

• Fewer than 100 counterfeit items;
• Total retail value less than $1,000; or
• Offense involves first conviction under the act.

Third degree:

• 100 or more, fewer than 1000 counterfeit items;
• Retail value of $1,000 or more, less than $15,000; or
• Offense involves a second conviction under the act.

Second degree:

• 1000 or more counterfeit items;
• Retail value of $15,000 or more; or
• Offense involves a third conviction under the act.

Penalties

• Fourth degree: $100,000 fine
• Third degree: $250,000 fine
• Second degree: $500,000 fine
• Possible civil liability

Possible Defenses

• Mistake
• Lack of intent
• Consent