New Jersey A 4376: Establishes crime of selling certain counterfeit items; establishes enhanced penalties for crime if committed against senior citizen.

Bill Text

A4376 

ASSEMBLY, No. 4376 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

SAAssemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

���� Establishes crime of selling certain counterfeit 
items; establishes enhanced penalties for crime if committed against senior 
citizens. 

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning counterfeit items and senior citizens and 
supplementing Title 2C of the New Jersey Statutes.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� a.�� A person is guilty 
of a crime of the third degree if he violates the provisions of N.J.S.2C:20-4, 
Theft by Deception; N.J.S.2C:21-1, Forgery and Related Offenses; or the 
provisions of any other law by: 

���� (1)�� purposely or knowingly 
creating or reinforcing a false impression that coins or bullion the person is 
selling or offering for sale are made of, or contain, gold, silver, or other 
precious metals, or that they are made of, or contain, an amount, grade, or 
composition of precious metals in an amount greater than is actually present in 
the coin or bullion presented;

���� (2)�� purposely or knowingly 
creating or reinforcing a false impression that coins the person is selling or 
offering for sale are graded and authenticated by a professional precious metal 
grading service by, among other means, presenting the coin inside a sealed 
plastic holder that resembles a legitimate holder used by a legitimate 
professional precious metal grading service; or

���� (3) purposely or knowingly 
altering a coin to create or reinforce a false impression that the coin is 
valued in an amount that is actually greater than the actual value of coin. 

���� b.��� In addition to any other 
disposition, the court shall order a person convicted of a violation of this 
section to pay compensation to the victim in the amount of three times the 
amount of damages which the victim sustains.

���� c.���� Notwithstanding the 
provisions of subsection a. of N.J.S.2C:43-6, if the victim of the offense set 
forth in this section is a senior citizen, the defendant shall be sentenced to 
a term of imprisonment by the court which shall be fixed at, or between, 
one-third and one-half of the sentence imposed by the court or one year, 
whichever is greater, during which the defendant shall be ineligible for 
parole.� As used in this subsection, �senior citizen� means a person 62 years 
of age or older.

���� d.��� Notwithstanding the 
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising 
under this section shall not merge with a conviction for any other offense.

���� 2. This act shall take effect 
immediately.

STATEMENT

���� This bill establishes the 
third degree crime of committing fraud by deception related to counterfeit 
gold, silver, or other precious metals against senior citizens.

���� Under the bill, a person would 
be guilty of a crime of the third degree if the person violates the provisions 
of N.J.S.A.2C:20-4, theft by deception, or N.J.S.A.2C:21-1, forgery, by (1) 
purposely or knowingly creating or reinforcing a false impression that coins or 
bullion that the person is selling or offering for sale are made of, or 
contain, gold, silver, or other precious metals, �or that they are made of, or 
contain, an amount, grade, or composition of precious metals in an amount 
greater than is actually present in the coin or bullion presented; (2) 
purposely or knowingly creating or reinforcing a false impression that coins 
the person is selling or offering for sale are graded and authenticated by a 
professional precious metal grading service by, among other means, presenting 
the coin inside a sealed plastic holder that resembles a legitimate holder used 
by a legitimate professional precious metal grading service; or (3) purposely 
or knowingly altering a coin to create or reinforce a false impression that the 
coin is valued in an amount that is actually greater than the actual value of 
coin.

���� Under current law, theft 
crimes are graded pursuant to N.J.S.A.2C:20-2, and theft ranges from a second 
degree crime to a disorderly persons offense depending on various factors and 
the amount of theft.� The amount of theft is determined by the trier of fact.� 
Under the bill, it would be a crime of the third degree to be found guilty of 
theft by deception under N.J.S.A.2C:20-4, if committed in violation of the 
provisions of the bill.� A crime of the third degree is punishable by three to 
five years imprisonment, a fine of up to $15,000, or both. 

���� Under current law, forgery, 
N.J.S.A.2C:21-1, is a crime of the third degree or fourth degree.� Under the 
bill, forgery committed in violation of the bill would be a third degree crime. 

���� Moreover, the bill provides 
that in addition to any other disposition, the court would order a person 
convicted of a violation of