ASSEMBLY, No. 2584

STATE OF NEW JERSEY

INTRODUCED DECEMBER 16, 1996

By Assemblymen KRAMER and DeCROCE

An Act concerning certain theft and vandalism, amending N.J.S.2C:17-3, P.L.1991, c.335 and P.L.1938, c.48, supplementing Title 2C of the New Jersey Statutes and repealing section 6 of 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 communication, 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 a disorderly persons offense if he 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 defaces, injures or removes an official traffic sign or signal or an official sign, signal, light, safety device or other equipment at any airport, landing field, landing strip, heliport, helistop or any other avigation facility; however, if bodily injury or damage to property results, the actor is guilty of a crime of the third degree, or if a death results, the actor is guilty of a crime of the second degree.

    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.

(cf: P.L.1995,c.251,s.1)

    2. Section 1 of P.L.1991,c.335 (C.2C:33-14.1) is amended to read as follows:

      1. Any person who purposely, knowingly or recklessly defaces, damages, obstructs or otherwise impairs the operation of any railroad crossing warning signal or protection device, including, but not limited to safety gates, electric bell, electric sign or any other alarm or protection system authorized by the Commissioner of Transportation, which is required under the provisions of R.S.48:12-54 or R.S.48:2-29, shall, for a first offense, be guilty of a [disorderly persons offense] crime of the fourth degree; however, if bodily injury or damage to property results, the actor is guilty of a crime of the third degree, or if a death results, the actor is guilty of a crime of the second degree. [For any subsequent violation of this act, the offender shall be guilty of a crime of the fourth degree.]

(cf: P.L.1991,c.335)

    3. Section 30 of P.L.1938, c.48 (C.6:1-49) is amended to read as follows:

    30. Malicious interference with avigation facilities.

    Any person who shall [willfully and maliciously] knowingly interfere or tamper with any airport, landing field, landing strip, heliport, helistop, or any other avigation facility[, or the equipment thereof, shall be] is guilty of a [misdemeanor]crime of the fourth degree; however, if bodily injury or damage to property results, the actor is guilty of a crime of the third degree, or if a death results, the actor is guilty of a crime of the second degree.

(cf: P.L.1971, c. 118, s. 5)

    4. (New section) A person who purposely, knowingly, recklessly or negligently defaces, injures or removes an official traffic sign or signal described in Title 39 of the Revised Statutes is guilty of a disorderly persons offense.

     If a juvenile who is adjudicated delinquent for an act which, if committed by an adult, would constitute a violation of this section is assessed a fine and the court determines that the juvenile is unable to pay the fine, the juvenile's parents or legal guardian shall be responsible for the imposed fine.

    5. Section 6 of P.L.1941, c.345 (C.39:4-183.5) is hereby repealed.

    6. This act shall take effect immediately.

STATEMENT

    This bill would upgrade the offense of stealing, vandalizing or damaging safety devices, such as signs and signals, at airports, on roadways, and at railroad crossings.

     Although these acts have potentially deadly consequences, current law often allows offenders to be treated lightly. For example, a person who creates an incalculable risk of danger by stealing light bulbs from the light fixtures at an airport landing strip is guilty of only a disorderly persons offense, "criminal mischief" (N.J.S.A.2C:17-3), if the actual monetary loss he causes is less than $500. Similarly, a person who steals or damages a traffic sign or traffic signal is guilty only of a minor offense, equivalent to a petty disorderly persons offense, for "damaging or removing traffic signs or signals" pursuant to N.J.S.A.39:4-183.5, as long as that person did not "purposely" cause a "substantial interruption or impairment of public transportation."

    By contrast, a person who does purposely cause a substantial interruption or impairment of public transportation is guilty of a crime of the third degree pursuant to N.J.S.A.2C:17-3, but the difficulty of proving this level of intent makes convictions rare. Under the bill, however, convictions would be easier to obtain, since the bill changes the level of intent needed for conviction from "purposely" to "knowingly." The bill provides that it would be a crime of the fourth degree to knowingly remove or deface an official sign, signal or other equipment at an airport, roadway, or railroad crossing. If the person's actions cause bodily injury or property damage, the person would be guilty of a crime of the third degree; if the person's actions cause a death, the person would be guilty of a crime of the second degree. Thus, under the bill, the person who steals light bulbs from the light fixtures at an airport landing strip would be guilty of, at least, a crime of the fourth degree (rather than a disorderly persons offense, as is the case under current law.)

     The bill also repeals N.J.S.A.39:4-183.5, replacing it with a provision in Title 2C, the Criminal Code, which would make it a disorderly persons offense to damage or remove a traffic sign or signal recklessly or negligently. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both.

    The bill also upgrades the offense of interfering or tampering with airports, landing fields or similar facilities. Currently this offense is the equivalent of a crime of the fourth degree. Under the bill, the offense would remain a crime of the fourth degree if no injury or property damage results, but would constitute a crime of the third degree if an injury or property damage results and a crime of the second degree if a death results.

    A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $7,500 or both; a crime of the third degree, by a term of imprisonment of up to three to five years or a fine of up to $7,500 or both; and a crime of the second degree, by a term of imprisonment of up to five to ten years or a fine of up to $100,000 or both.

Increases penalties for stealing or damaging airport, traffic, or railroad crossing signs or equipment.