New Jersey A 5316: Upgrades degree of crime of auto theft when committed in connection with home invasion or residential burglary.

Bill Text

(Sponsorship Updated As Of: 11/13/2025)
ASSEMBLY, No. 5316
STATE OF NEW JERSEY
221st LEGISLATURE

INTRODUCED FEBRUARY 13, 2025

Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
Assemblyman JAY WEBBER
District 26 (Morris and Passaic)
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)

Co-Sponsored by:
Assemblywoman Fantasia and Assemblyman Inganamort

SYNOPSIS
Upgrades degree of crime of auto theft when committed in connection with
home invasion or residential burglary.

CURRENT VERSION OF TEXT
As introduced.

A5316 FLYNN, WEBBER
2

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 concerning auto theft committed under certain 1
circumstances, and amending P.L.2023, c.101. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 1 of P.L.2023, c.101 (C.2C:20-10.1) is amended to 7
read as follows: 8
1. Theft of a motor vehicle. 9
a. A person commits the crime of theft of a motor vehicle if the 10
person unlawfully takes, or exercises unlawful control over, another 11
person’s motor vehicle with the purpose to deprive that person of 12
the motor vehicle. 13
b. Theft or attempted theft of a motor vehicle constitutes a 14
crime of the first degree if the commission or attempted commission 15
of the theft occurs in the course of committing home invasion 16
burglary pursuant to section 1 of P.L.2024, c.83 (C.2C:18-2.1). 17
Theft or attempted theft of a motor vehicle constitutes a crime of 18
the second degree if the: 19
(1) value of the motor vehicle involved is $75,000 or more [or]; 20
(2) [if the] theft involved more than one motor vehicle[, 21
otherwise it is]; or 22
(3) commission or attempted commission of the theft occurs in 23
the course of committing residential burglary pursuant to section 2 24
of P.L.2024, c.83 (C.2C:18-2.2). 25
Otherwise, theft or attempted theft of a motor vehicle constitutes 26
a crime of the third degree. 27
An act shall be deemed “in the course of committing” an offense 28
if it occurs in an attempt to commit an offense or in immediate 29
flight after the attempt or commission. 30
c. The value of the motor vehicle involved in the theft shall be 31
determined by the trier of fact. The amount shall include, but not 32
be limited to, the amount of any State tax avoided, evaded, or 33
otherwise unpaid, or improperly retained or disposed of. Amounts 34
involved in thefts of motor vehicles committed pursuant to one 35
scheme or course of conduct, whether from the same person or 36
several persons, may be aggregated in determining the grade of the 37
offense. 38
d. Notwithstanding the provisions of N.J.S.2C:1-8 or any other 39
provisions of law, a conviction of theft of a motor vehicle shall not 40
merge with a conviction for home invasion burglary or residential 41
burglary. 42
(cf: P.L.2023, c.101, s.1) 43
44
2. This act shall take effect immediately. 45

A5316 FLYNN, WEBBER
3

STATEMENT 1
2
This bill upgrades the degree of crime of auto theft when it is 3
committed in connection with a home invasion or residential 4
burglary. 5
Under current law, auto theft is a crime of the third degree, but is 6
upgraded to a crime of the second degree if multiple vehicles are 7
involved or if the value of the vehicle is $75,000 or more. 8
Under the bill, auto theft would also be a crime of the second 9
degree if it is committed in connection with a residential burglary. 10
Auto theft would become a crime of the first degree if it is 11
committed in connection with a home invasion burglary, which is 12
typically a residential burglary involving bodily injury or the use of 13
a weapon. Additionally, for sentencing purposes, a conviction for 14
auto theft would not merge with a conviction for home invasion or 15
residential burglary. 16
A crime of the third degree is punishable by a term of 17
imprisonment of three to five years, a fine of up to $15,000, or both. 18
A crime of the second degree is punishable by a term of 19
imprisonment of five to 10 years, a fine of up to $150,000, or both. 20
A crime of the first degree is punishable by a term of imprisonment 21
of 10 to 20 years, a fine of up to $200,000, or both. 22