Theft of Property Lost, Mislaid, or Delivered by Mistake.
a. A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, knowing the identity of the owner and with purpose to deprive said owner thereof, he converts the property to his own use.
b. (1) Proof that an individual who knows or should have known that the individual erroneously received an electronic payment from another individual through a payment processor and who was properly notified that the payment was erroneous and did not return, within 30 days of notification, the funds transferred to the sender, shall give rise to a permissive inference that the individual committed theft in violation of subsection a. of this section.
(2) Proof that an individual who received an electronic payment from another individual through a payment processor was not notified within 180 days after the transfer of funds that the payment was erroneous shall give rise to a permissive inference that the individual did not know that their receipt of the electronic payment was erroneous.
(3) It shall be an affirmative defense to a prosecution for theft under subsection a. of this section if an individual who erroneously received an electronic payment from another individual through a payment processor returns the funds within 30 days of receipt of the funds or of notification that the funds were erroneously transferred.