[First Reprint]

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 ¹[defaces, injures or removes an official traffic sign or signal or an official sign, signal, light, safety device or other equipment]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 traffic¹ at any airport, landing field, landing strip, heliport, helistop or any other avigation facility; however, if ¹the damage, removal or impediment of the device causes¹ bodily injury or damage to property ¹[results]¹, the actor is guilty of a crime of the third degree, or if ¹it causes¹ a death ¹[results]¹, 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 ¹if the defacement, damage, obstruction or impediment of the crossing warning signal or protection device causes¹ bodily injury or damage to property ¹[results]¹, the actor is guilty of a crime of the third degree, or if ¹it causes¹ a death ¹[results]¹, 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 ¹the interference or tampering with the airport, landing field, landing strip, heliport, helistop or other avigation faciltiy causes¹ bodily injury or damage to property ¹[results]¹, the actor is guilty of a crime of the third degree, or if ¹it causes¹ a death¹[ results]¹, 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.

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