New Jersey statute

N.J.S.A. 2C:17-3 — Criminal mischief

Current through P.L.2025, c.346, and J.R.22

Part of Chapter 17, New Jersey Statutes.

Criminal charges under this statute

Criminal mischief

Full text of N.J.S.A. 2C:17-3

Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.

N.J.S.A. 2C:17-3Primary source, current through the P.L.2025, c.346, and J.R.22

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, 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. 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; 2005, c.316; 2005, c.319, s.5; 2014, c.69, s.2.

Official sources

justia: N.J.S.A. 2C:17-3

Legal terms used in this section

Questions this section answers

What degree of offense is criminal mischief in New Jersey?

It depends on the circumstances: criminal mischief ranges from a disorderly persons offense to a crime of the second degree in New Jersey under N.J.S.A. 2C:17-3.

Pecuniary loss >= $2,000: crime of the third degree (N.J.S.A. 2C:17-3) · Pecuniary loss $500-$2,000: crime of the fourth degree (N.J.S.A. 2C:17-3) · Pecuniary loss <= $500: disorderly persons offense (N.J.S.A. 2C:17-3) · Research facility damage: crime of the third degree (N.J.S.A. 2C:17-3) · Airport device damage - base: crime of the fourth degree (N.J.S.A. 2C:17-3) · Airport device damage - bodily injury/property damage: crime of the third degree (N.J.S.A. 2C:17-3) · Airport device damage - death: crime of the second degree (N.J.S.A. 2C:17-3) · Airport tampering - base: crime of the fourth degree (N.J.S.A. 2C:17-3) · Airport tampering - bodily injury/property damage: crime of the third degree (N.J.S.A. 2C:17-3) · Airport tampering - death: crime of the second degree (N.J.S.A. 2C:17-3) · Grave/crypt tampering: crime of the third degree (N.J.S.A. 2C:17-3) · Public service interruption - base: crime of the third degree (N.J.S.A. 2C:17-3) · Public service interruption - death: crime of the second degree (N.J.S.A. 2C:17-3) · Utility pipes/wires tampering: crime of the fourth degree (N.J.S.A. 2C:17-3)

Which New Jersey statute covers criminal mischief?

Criminal mischief is governed by N.J.S.A. 2C:17-3 (Criminal mischief).

This reference is informational and is not legal advice.