S3703

An Act concerning the offense of criminal mischief and amending N.J.S.2C:17-3.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2C:17-3 is amended to read as follows:

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] $2,000 or more.

(2) Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of [$500.00] $500 but less than [$2000.00] $2,000. It is a disorderly persons offense if the actor causes pecuniary loss of [$500.00] $500 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.

(9) Criminal mischief is a crime of the fourth degree if the actor damages or impairs the operation of a school bus in the presence of a child under 16 years of age. Criminal mischief is a crime of the third degree if the damage or impairment of the operation of a school bus causes bodily injury to a child under 16 years of age. As used in this paragraph, “school bus” has the meaning set forth in R.S.39:1-1.

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.

(cf: P.L.2014, c.69, s.2)

2. This act shall take effect immediately.

STATEMENT

Under current law, purposely or knowingly damaging tangible property of another constitutes criminal mischief. This bill would upgrade the offense of criminal mischief if a person damages or impairs the operation of a school bus in the presence of a child under age 16.

Pursuant to N.J.S.2C:17-3, criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000 or more. It is a crime of the fourth degree if the pecuniary loss is in excess of $500 but less than $2,000, and a disorderly persons offense if the pecuniary loss is $500 or less. In addition, the statute provides that certain types of criminal mischief constitute crimes of the third or fourth degree, regardless of pecuniary loss.

A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine up to $15,000, or both; a crime of the fourth degree, by a term up to 18 months or a fine up to $10,000, or both; and a disorderly persons offense, by a term of imprisonment of up to six months or a fine of up to $1,000, or both.

This bill provides that criminal mischief would be a crime of the fourth degree if the actor damages or impairs the operation of a school bus in the presence of a child under 16 years of age. It would be a crime of the third degree if the damage or impairment of operation of a school bus causes bodily injury to a child under 16 years of age. The bill provides that the term “school bus” has the meaning set forth in R.S.39:1-1: “every motor vehicle operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or privately operated for the transportation of children to or from school for secular or religious education, which complies with the regulations of the New Jersey Motor Vehicle Commission affecting school buses.”