New Jersey criminal charge
Vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey
Vandalizing railroad crossing devices, property; grading of offenses; graffiti is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:33-14.1. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:33-14.1.
What is the penalty for vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (First offense - basic vandalizing of railroad crossing devices/property — A first offense of purposely, knowingly, or recklessly defacing, damaging, obstructing, removing or impairing a railroad crossing warning device or railroad property/equipment.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (First offense - basic vandalizing of railroad crossing devices/property — A first offense of purposely, knowingly, or recklessly defacing, damaging, obstructing, removing or impairing a railroad crossing warning device or railroad property/equipment.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Reckless causation of bodily injury or $2000+ pecuniary loss — The defacement, damage, obstruction, removal or impediment recklessly causes bodily injury or pecuniary loss of $2000 or more.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Reckless causation of bodily injury or $2000+ pecuniary loss — The defacement, damage, obstruction, removal or impediment recklessly causes bodily injury or pecuniary loss of $2000 or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Reckless causation of death or serious bodily injury — The defacement, damage, obstruction, removal or impediment recklessly causes a death or serious bodily injury.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Reckless causation of death or serious bodily injury — The defacement, damage, obstruction, removal or impediment recklessly causes a death or serious bodily injury.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is vandalizing railroad crossing devices, property; grading of offenses; graffiti classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense - basic vandalizing of railroad crossing devices/property | Crime of the Fourth Degree | A first offense of purposely, knowingly, or recklessly defacing, damaging, obstructing, removing or impairing a railroad crossing warning device or railroad property/equipment. | N.J.S.A. 2C:33-14.1undefined |
| Reckless causation of bodily injury or $2000+ pecuniary loss | Crime of the Third Degree | The defacement, damage, obstruction, removal or impediment recklessly causes bodily injury or pecuniary loss of $2000 or more. | N.J.S.A. 2C:33-14.1undefined |
| Reckless causation of death or serious bodily injury | Crime of the Second Degree | The defacement, damage, obstruction, removal or impediment recklessly causes a death or serious bodily injury. | N.J.S.A. 2C:33-14.1undefined |
Common questions about vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey
What degree of offense is vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey?
It depends on the circumstances: vandalizing railroad crossing devices, property; grading of offenses; graffiti ranges from a Crime of the Fourth Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:33-14.1.
First offense - basic vandalizing of railroad crossing devices/property: Crime of the Fourth Degree (N.J.S.A. 2C:33-14.1) · Reckless causation of bodily injury or $2000+ pecuniary loss: Crime of the Third Degree (N.J.S.A. 2C:33-14.1) · Reckless causation of death or serious bodily injury: Crime of the Second Degree (N.J.S.A. 2C:33-14.1)
What are the penalties for vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey?
Penalties for vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey depend on how it is classified — from a Crime of the Fourth Degree up to a Crime of the Second Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers vandalizing railroad crossing devices, property; grading of offenses; graffiti?
Vandalizing railroad crossing devices, property; grading of offenses; graffiti is governed by N.J.S.A. 2C:33-14.1 (Vandalizing railroad crossing devices, property; grading of offenses; graffiti).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.