Call 24/7 to Book a Free Consultation (732) 709-7757

NJ 2C:20-9. Theft by failure to make required disposition of property received.

Defending NJ 2C:20-9.  Theft by failure to make required disposition of property received.

After you read the following NJ Criminal Statute (Theft by failure to make required disposition of property received) 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:20-9.  Theft by failure to make required disposition of property received.

A person who purposely obtains or retains property upon agreement or subject to a known legal obligation to make specified payment or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he deals with the property obtained as his own and fails to make the required payment or disposition.  The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor's failure to make the required payment or disposition.  An officer or employee of the government or of a financial institution is presumed:  (a) to know any legal obligation relevant to his criminal liability under this section, and (b) to have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts.  The fact that any payment or other disposition was made with a subsequently dishonored negotiable instrument shall constitute prima facie evidence of the actor's failure to make the required payment or disposition, and the trier of fact may draw a permissive inference therefrom that the actor did not intend to make the required payment or other disposition.
L.1978, c.95; amended by L. 1987, c. 76, s. 32.

AKA: NJ Criminal Charge 2C:20-9, Violation 2C:20-9, Offense 2C:20-9

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.

Contact Us Today

Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu