Criminal Mischief 2C:17-3
Kenneth Vercammen's Law office represents
individuals charged with criminal and serious traffic violations throughout New
Jersey.
Criminal Mischief 2C:17-3. a. Offense defined. A
person is guilty of criminal mischief if he:
(1)Purposely or knowingly damages tangible property
of another or damages tangible property of another recklessly or negligently in
the employment of fire, explosives or other dangerous means listed in
subsection a. of N.J.S. 2C:17-2; or
(2)Purposely, knowingly or recklessly tampers with
tangible property of another so as to endanger person or property.
b. Grading. (1) Criminal mischief is a crime of the
third degree if the actor purposely or knowingly causes pecuniary loss of
$2,000.00 or more, or a substantial interruption or impairment of public
communication, transportation, supply of water, gas or power, or other public
service.
(2)Criminal mischief is a crime of the fourth
degree if the actor causes pecuniary loss in excess of $500.00. It is a
disorderly persons offense if the actor causes pecuniary loss of $500.00 or
less.
(3)Criminal mischief is a crime of the third degree
if the actor damages, defaces, eradicates, alters, receives, releases or causes
the loss of any research property used by the research facility, or otherwise
causes physical disruption to the functioning of the research facility. The
term "physical disruption" does not include any lawful activity that
results from public, governmental, or research facility employee reaction to
the disclosure of information about the research facility.
(4)Criminal mischief is a crime of the fourth
degree if the actor damages, removes or impairs the operation of any device,
including, but not limited to, a sign, signal, light or other equipment, which
serves to regulate or ensure the safety of air traffic at any airport, landing
field, landing strip, heliport, helistop or any other aviation facility;
however, if the damage, removal or impediment of the device recklessly causes
bodily injury or damage to property, the actor is guilty of a crime of the
third degree, or if it recklessly causes a death, the actor is guilty of a
crime of the second degree.
(5)Criminal mischief is a crime of the fourth
degree if the actor interferes or tampers with any airport, landing field,
landing strip, heliport, helistop or any other aviation facility; however if
the interference or tampering with the airport, landing field, landing strip,
heliport, helistop or other aviation facility recklessly causes bodily injury
or damage to property, the actor is guilty of a crime of the third degree, or
if it recklessly causes a death, the actor is guilty of a crime of the second
degree.
(6)Criminal mischief is a crime of the third degree
if the actor tampers with a grave, crypt, mausoleum or other site where human
remains are stored or interred, with the purpose to desecrate, destroy or steal
such human remains or any part thereof.
c. A person convicted of an offense of criminal
mischief that involves an act of graffiti may, in addition to any other penalty
imposed by the court, be required to pay to the owner of the damaged property
monetary restitution in the amount of the pecuniary damage caused by the act of
graffiti and to perform community service, which shall include removing the
graffiti from the property, if appropriate. If community service is ordered, it
shall be for either not less than 20 days or not less than the number of days necessary
to remove the graffiti from the property.
d. As used in this section:
(1)"Act of graffiti" means the drawing,
painting or making of any mark or inscription on public or private real or
personal property without the permission of the owner.
(2)"Spray paint" means any paint or
pigmented substance that is in an aerosol or similar spray container.
Amended 1979, c.178, s.30; 1981, c.290, s.17; 1991, c.336, s.1, 1995,
c.20, s.2; 1995, c.251, s.1; 1998, c.54, s.1; 1999, c.95, s.1.
