A304

An Act concerning the penalties for 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. 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, 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, or more.

(2) Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500 but less than [$2000] $2,000. It is a disorderly persons offense if the actor causes pecuniary loss of $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] the 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 third degree if the actor knowingly damages or tampers with a historic place or site.

For the purposes of this paragraph, a historic place or site is a place, building, monument, or structure that:

(a) has been approved for inclusion in the New Jersey Register of Historic Places pursuant to P.L.1970, c.268 (C.13:1B-15.128 et seq.), the National Register of Historic Places, or any applicable rule or regulation;

(b) has been identified in a county or municipal master plan as a place, building, monument, or structure of historic interest; or

(c) has been officially recognized as having historic value or significance in accordance with criteria established by the State Agriculture Development Committee, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

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

This bill amends the State’s criminal mischief statute, N.J.S.2C:17-3, to include the crime of knowingly damaging, interfering, or tampering with a historic place or site.

Under the bill, it is a crime of the third degree to knowingly damage, interfere, or tamper with a historic place or site. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of $15,000, or both.

The bill defines a “historic place or site” as a place, building, monument, or structure approved for inclusion in the New Jersey Register of Historic Places pursuant to P.L.1970, c.268 (C.13:1B-15.128 et seq.), the National Register of Historic Places, or any applicable rule or regulation; has been identified in a county or municipal master plan as a place, building, monument, or structure of historic interest; or has been officially recognized as having historic value or significance in accordance with criteria established by the State Agriculture Development Committee.