Criminal Mischief in New Jersey

N.J.S.A. 2C:17-3 · Theft, Burglary & Property Offenses

What the law says

Criminal mischief includes damaging another person’s tangible property, or tampering with it in a way that endangers a person or property. The section also covers specified conduct involving research facilities, aviation facilities, human remains, public services, and utility or communication infrastructure.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:17-3, that means:

• The actor purposely or knowingly damages tangible property of another, or damages it recklessly or negligently while employing fire, explosives, or other dangerous means listed in subsection a. of N.J.S.2C:17-2.
• The actor purposely, knowingly, or recklessly tampers with tangible property of another so as to endanger a person or property; this includes a tenant damaging or destroying rental premises in retaliation for institution of eviction proceedings.
• The actor damages, defaces, eradicates, alters, receives, releases, or causes the loss of research property used by a research facility, or otherwise causes physical disruption to the facility’s functioning.
• The actor damages, removes, or impairs the operation of a device serving to regulate or ensure the safety of air traffic at an aviation facility, or interferes or tampers with an aviation facility.
• 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 the remains or any part thereof.
• The actor purposely or knowingly causes a substantial interruption or impairment of public communication, transportation, the supply of water, oil, gas, or power, or another public service.
• The actor purposely or knowingly breaks, digs up, obstructs, or otherwise tampers with specified gas, oil, or water pipes, mains, works, or appurtenances, or injures, cuts, breaks down, destroys, or otherwise tampers with specified electric, telephone, telecommunications, cable television, or telegraph wires, lines, cables, or appurtenances.

How the charge is graded

• Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more.
• Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2000.00. It is a disorderly persons offense if the actor causes pecuniary loss of $500.00 or less.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

Penalties in the statute

• 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.
• 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.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• “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.
• 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.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to deprive the owner, or a good-faith claim of right
• Disputing the value used to grade the offense
• Identification problems and gaps in surveillance video
• Restitution and diversion as paths to avoid a conviction

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-823-1117 for a free, confidential consultation about your Criminal Mischief charge.

Related charges

• Burglary →
• Criminal Trespass →
• Arson →
• Theft Grading in New Jersey →
• Theft by Unlawful Taking →
• Receiving Stolen Property →
• Theft of Services →
• Shoplifting →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.