ASSEMBLY, No. 2116
STATE OF NEW JERSEY
INTRODUCED JUNE 3, 1996
By Assemblyman DALTON
An Act concerning defacement of official traffic signs and signals, amending N.J.S.2C:17-3 and P.L.1941, c.345.
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. 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 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 causes pecuniary loss of $2,000[.00] or more, or a substantial interruption or impairment of public transportation (including, but not limited to, the defacement, injury or removal of an official traffic sign or signal), 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], but less than $2,000[.00], or defaces, injures or removes an official traffic sign or signal without causing a substantial interruption or impairment of transportation. Criminal mischief is a disorderly persons offense if [he] 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.
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.
(3) "Defacement" includes placing a bumper sticker on an official traffic sign or signal.
(cf: P.L.1995, c.251, s.1)
2. Section 6 of P.L.1941, c.345 (C.39:4-183.5) is amended to read as follows:
6. No person shall purposely or knowingly, recklessly or negligently deface, injure or remove an official traffic sign or signal described in this act. A person who violates the provisions of this section shall be punished by a fine of not less than [$100] $200 or more than [$200] $500, imprisonment for a term not exceeding 30 days, or both. If a person under the age of 18 years is assessed a fine under this section, and the court determines that the person is unable to pay the fine, the person's parents or legal guardian shall be responsible for the imposed fine.
For purposes of this section, "defacement" includes placing a bumper sticker on an official traffic sign or signal.
(cf: P.L.1991, c.336, s.2)
3. This act shall take effect immediately.
STATEMENT
A person who defaces, injures or removes an official traffic sign or signal may be charged with a crime under Title 2C, the criminal code, or with an offense under Title 39, the motor vehicle code. This bill
increases the criminal and motor vehicle penalties imposed for defacing, injuring, or removing an official traffic sign or signal. It also specifies in the criminal and motor vehicle codes that "defacement" includes placing a bumper sticker on an official traffic sign or signal.
Under the criminal code, a person who defaces, injures, or removes an official traffic sign or signal, under certain circumstances, commits the crime of criminal mischief. If the person causes a substantial interruption or impairment of transportation, the person is guilty of a crime of the third degree. The penalty for a third degree crime is a fine of up to $7,500, a term of imprisonment of between three and five years, or both.
This bill provides that a person who defaces, injures or removes an official traffic sign or signal, but does not cause a substantial interruption or impairment of transportation, is guilty of a crime of the fourth degree. The penalty for a fourth degree crime is a fine of up to $7,500, a term of imprisonment of up to 18 months, or both.
This bill also increases the fine imposed under the motor vehicle code for defacing, injuring or removing an official traffic sign or signal. The fine currently imposed is at least $100, but not more than $200. This bill increases the fine to at least $200, but not more than $500.
Broadens penalties for defacing traffic signs, including defacement with bumper stickers.