• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Online Divorce
      • Ocean County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

NJ 2C:20-7.1. Fencing

Defending NJ 2C:20-7.1. Fencing

After you read the following NJ Criminal Statute (Fencing) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case.  The firm of Villani & DeLuca has experienced criminal lawyers with over 20 years of experience, including a former municipal prosecutor.  Call the number above for a free 24×7 phone consultation.

NJ Statute: 2C:20-7.1. Fencing

a.  Possession of altered property.  Any dealer in property who knew or should have known that the identifying features such as serial numbers and permanently affixed labels of property in his possession have been removed or altered without the consent of the manufacturer is guilty of possession of altered property.  It is a defense to a prosecution under this subsection that a person lawfully possesses the usual indicia of ownership in addition to mere possession.
b.  Dealing in stolen property.    A person is guilty of dealing in stolen  property if he traffics in, or initiates, organizes, plans, finances, directs,  manages or supervises trafficking in stolen property.
c.    The value of the property involved in the violation of this section  shall be determined by the trier of fact.  The value of the property involved  in the violation of this section may be aggregated in determining the grade of  the offense where the acts or conduct constituting a violation were committed  pursuant to one scheme or course of conduct, whether from the same person or  several persons.
d.    It is an affirmative defense to a prosecution under this section that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved  or that he had a right to acquire or dispose of it as he did.
e.    In addition to the presumptions contained in N.J.S. 2C:20-7b. the following presumptions are available in the prosecution for a fencing offense:
(1) Proof of the purchase or sale of property at a price substantially below  its fair market value, unless satisfactorily explained, gives rise to an  inference that the person buying or selling the property knew that it had been  stolen;
(2) Proof of the purchase or sale of property by a dealer in that property,  out of the regular course of business, or without the usual indicia of  ownership other than mere possession, or the property or the job lot of which  it is a part was bought, received, possessed or controlled in broken succession  of title, so that it cannot be traced, by appropriate documents, in unbroken  succession to the manufacturer, in all cases where the regular course of  business reasonably indicates records of purchase, transfer or sale, unless  satisfactorily explained, gives rise to an inference that the person buying or  selling the property knew that it had been stolen;  and
(3) Proof that a person buying or selling property of the sort received obtained such property without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess or control it gives rise to an inference that such person knew that it had been stolen.
L.1981, c. 167, s. 7, eff. June 15, 1981.

AKA: NJ Criminal Charge 2C:20-7.1, Violation 2C:20-7.1, Offense 2C:20-7.1

Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of August 2012.

Primary Sidebar

Free Consultation

Recent Posts

  • Villani & DeLuca Divorce Attorneys in Toms River
  • Villani & DeLuca P.C. Attorneys at Law, Rings in the New Year Expanding its Divorce & Family Law Practice in Ocean County, New Jersey
  • Divorce Mediation Consultant
  • Divorce in New Jersey- Who Gets the House?
  • Divorce Papers

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Brick Office

Office

186 Mantoloking Rd #1

Brick, NJ 08723

Phone: 732-504-3391

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757