2C:17-3 Criminal mischief. 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, including the damaging or destroying of a rental premises by a
tenant in retaliation for institution of eviction proceedings.
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.
(2)
Criminal mischief is a
crime of the fourth degree if the actor causes pecuniary loss in excess of
$500.00 but less than $2000.00. 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.
(7)
Criminal mischief is a
crime of the third degree if the actor purposely or knowingly causes a
substantial interruption or impairment of public communication, transportation,
supply of water, oil, gas or power, or other public service. Criminal
mischief is a crime of the second degree if the substantial interruption or
impairment recklessly causes death.
(8)
Criminal mischief is a
crime of the fourth degree if the actor purposely or knowingly breaks, digs up,
obstructs or otherwise tampers with any pipes or mains for conducting gas, oil
or water, or any works erected for supplying buildings with gas, oil or water,
or any appurtenances or appendages therewith connected, or injures, cuts,
breaks down, destroys or otherwise tampers with any electric light wires, poles
or appurtenances, or any telephone, telecommunications, cable television or
telegraph wires, lines, cable or appurtenances.
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:
"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.
e.
A person convicted of an
offense of criminal mischief that involves the damaging or destroying of a
rental premises by a tenant in retaliation for institution of eviction
proceedings, may, in addition to any other penalty imposed by the court, be
required to pay to the owner of the property monetary restitution in the amount
of the pecuniary damage caused by the damage or destruction.
(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, including the damaging or destroying of a rental premises by a
tenant in retaliation for institution of eviction proceedings.
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.
(2)Criminal mischief is a
crime of the fourth degree if the actor causes pecuniary loss in excess of
$500.00 but less than $2000.00. 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.
(7)Criminal mischief is a
crime of the third degree if the actor purposely or knowingly causes a
substantial interruption or impairment of public communication, transportation,
supply of water, oil, gas or power, or other public service. Criminal
mischief is a crime of the second degree if the substantial interruption or
impairment recklessly causes death.
(8)Criminal mischief is a
crime of the fourth degree if the actor purposely or knowingly breaks, digs up,
obstructs or otherwise tampers with any pipes or mains for conducting gas, oil
or water, or any works erected for supplying buildings with gas, oil or water,
or any appurtenances or appendages therewith connected, or injures, cuts,
breaks down, destroys or otherwise tampers with any electric light wires, poles
or appurtenances, or any telephone, telecommunications, cable television or
telegraph wires, lines, cable or appurtenances.
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:
"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.
e.A person convicted of an
offense of criminal mischief that involves the damaging or destroying of a
rental premises by a tenant in retaliation for institution of eviction
proceedings, may, in addition to any other penalty imposed by the court, be
required to pay to the owner of the property monetary restitution in the amount
of the pecuniary damage caused by the damage or destruction.
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