jump to navigation

Counterfeiting, (2C:21-32)

2C:21-32   Counterfeiting

 c. A person commits the offense of counterfeiting who, with the intent to deceive or defraud some other person, knowingly manufactures, uses, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute within, or in conjunction with commercial activities within New Jersey, any item, or services, bearing, or identified by, a counterfeit mark.

 A person who has in his possession or under his control more than 25 items bearing a counterfeit mark shall be presumed to have violated this section.

 d. (1) An offense set forth in this act shall be punishable as a crime of the fourth degree if:

 the offense involves fewer than 100 items bearing a counterfeit mark;

 the offense involves a total retail value of less than $1,000.00 for all items bearing, or services identified by, a counterfeit mark; or

 the offense involves a first conviction under this act.

 (2) An offense set forth in this act shall be punishable as a crime of the third degree if:

 the offense involves 100 or more but fewer than 1,000 items bearing a counterfeit mark;

 the offense involves a total retail value of $1,000.00 or more but less than $15,000.00 of all items bearing, or services identified by, a counterfeit mark; or

 the offense involves a second conviction under this act.

 (3) An offense set forth in this act shall be punishable as a crime of the second degree if:

 the offense involves 1,000 or more items bearing a counterfeit mark;

 the offense involves a total retail value of $15,000.00 or more of all items bearing, or services identified by a counterfeit mark; or

 the offense involves a third or subsequent conviction under this act.

 In addition, any person convicted under this act, notwithstanding the provisions of N.J.S.2C:43-3, shall be fined by the court an amount up to threefold the retail value of the items or services involved, providing that the fine imposed shall not exceed the following amounts: for a crime of the fourth degree, $100,000.00; for a crime of the third degree, $250,000.00; and for a crime of the second degree, $500,000.00.

 e. All items bearing a counterfeit mark, and all personal property, including but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of this act, shall be subject to forfeiture in accordance with the procedures set forth in chapter 64 of Title 2C of the New Jersey Statutes.

Advertisements

Comments»

No comments yet — be the first.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: