New jersey criminal charge
Criminal mischief in New jersey
Current through 2026 New Jersey legislative session
Criminal mischief is a criminal offense under New jersey law, defined by N.J.S.A. 2C:17-3. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:17-3.
What is the penalty for criminal mischief in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Pecuniary loss >= $2,000 — Actor purposely or knowingly causes pecuniary loss of $2,000.00 or more.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Pecuniary loss >= $2,000 — Actor purposely or knowingly causes pecuniary loss of $2,000.00 or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Pecuniary loss $500-$2,000 — Actor causes pecuniary loss in excess of $500.00 but less than $2,000.00.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Pecuniary loss $500-$2,000 — Actor causes pecuniary loss in excess of $500.00 but less than $2,000.00.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Pecuniary loss <= $500 — Actor causes pecuniary loss of $500.00 or less.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Pecuniary loss <= $500 — Actor causes pecuniary loss of $500.00 or less.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | 3 years to 5 years (Research facility damage — Actor damages, defaces, eradicates, alters, receives, releases, or causes loss of research property or disrupts a research facility's function.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Research facility damage — Actor damages, defaces, eradicates, alters, receives, releases, or causes loss of research property or disrupts a research facility's function.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Airport device damage - base — Actor damages, removes, or impairs an aviation safety device without causing injury, damage, or death.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Airport device damage - base — Actor damages, removes, or impairs an aviation safety device without causing injury, damage, or death.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Airport device damage - bodily injury/property damage — Damage, removal, or impediment of the aviation device recklessly causes bodily injury or property damage.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Airport device damage - bodily injury/property damage — Damage, removal, or impediment of the aviation device recklessly causes bodily injury or property damage.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Airport device damage - death — Damage, removal, or impediment of the aviation device recklessly causes death.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Airport device damage - death — Damage, removal, or impediment of the aviation device recklessly causes death.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Airport tampering - base — Actor interferes or tampers with an aviation facility without causing injury, damage, or death.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Airport tampering - base — Actor interferes or tampers with an aviation facility without causing injury, damage, or death.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Airport tampering - bodily injury/property damage — Interference or tampering with the aviation facility recklessly causes bodily injury or property damage.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Airport tampering - bodily injury/property damage — Interference or tampering with the aviation facility recklessly causes bodily injury or property damage.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Airport tampering - death — Interference or tampering with the aviation facility recklessly causes death.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Airport tampering - death — Interference or tampering with the aviation facility recklessly causes death.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Grave/crypt tampering — Actor tampers with a grave, crypt, mausoleum, or similar site with purpose to desecrate, destroy, or steal human remains.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Grave/crypt tampering — Actor tampers with a grave, crypt, mausoleum, or similar site with purpose to desecrate, destroy, or steal human remains.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Public service interruption - base — Actor purposely or knowingly causes substantial interruption or impairment of a public service.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Public service interruption - base — Actor purposely or knowingly causes substantial interruption or impairment of a public service.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Public service interruption - death — The substantial interruption or impairment of public service recklessly causes death.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Public service interruption - death — The substantial interruption or impairment of public service recklessly causes death.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Utility pipes/wires tampering — Actor purposely or knowingly breaks, digs up, obstructs, or tampers with utility pipes, mains, or related electric/telephone/cable/telegraph wires or appurtenances.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Utility pipes/wires tampering — Actor purposely or knowingly breaks, digs up, obstructs, or tampers with utility pipes, mains, or related electric/telephone/cable/telegraph wires or appurtenances.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is criminal mischief classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Pecuniary loss >= $2,000 | crime of the third degree | Actor purposely or knowingly causes pecuniary loss of $2,000.00 or more. | N.J.S.A. 2C:17-3undefined |
| Pecuniary loss $500-$2,000 | crime of the fourth degree | Actor causes pecuniary loss in excess of $500.00 but less than $2,000.00. | N.J.S.A. 2C:17-3undefined |
| Pecuniary loss <= $500 | disorderly persons offense | Actor causes pecuniary loss of $500.00 or less. | N.J.S.A. 2C:17-3undefined |
| Research facility damage | crime of the third degree | Actor damages, defaces, eradicates, alters, receives, releases, or causes loss of research property or disrupts a research facility's function. | N.J.S.A. 2C:17-3undefined |
| Airport device damage - base | crime of the fourth degree | Actor damages, removes, or impairs an aviation safety device without causing injury, damage, or death. | N.J.S.A. 2C:17-3undefined |
| Airport device damage - bodily injury/property damage | crime of the third degree | Damage, removal, or impediment of the aviation device recklessly causes bodily injury or property damage. | N.J.S.A. 2C:17-3undefined |
| Airport device damage - death | crime of the second degree | Damage, removal, or impediment of the aviation device recklessly causes death. | N.J.S.A. 2C:17-3undefined |
| Airport tampering - base | crime of the fourth degree | Actor interferes or tampers with an aviation facility without causing injury, damage, or death. | N.J.S.A. 2C:17-3undefined |
| Airport tampering - bodily injury/property damage | crime of the third degree | Interference or tampering with the aviation facility recklessly causes bodily injury or property damage. | N.J.S.A. 2C:17-3undefined |
| Airport tampering - death | crime of the second degree | Interference or tampering with the aviation facility recklessly causes death. | N.J.S.A. 2C:17-3undefined |
| Grave/crypt tampering | crime of the third degree | Actor tampers with a grave, crypt, mausoleum, or similar site with purpose to desecrate, destroy, or steal human remains. | N.J.S.A. 2C:17-3undefined |
| Public service interruption - base | crime of the third degree | Actor purposely or knowingly causes substantial interruption or impairment of a public service. | N.J.S.A. 2C:17-3undefined |
| Public service interruption - death | crime of the second degree | The substantial interruption or impairment of public service recklessly causes death. | N.J.S.A. 2C:17-3undefined |
| Utility pipes/wires tampering | crime of the fourth degree | Actor purposely or knowingly breaks, digs up, obstructs, or tampers with utility pipes, mains, or related electric/telephone/cable/telegraph wires or appurtenances. | N.J.S.A. 2C:17-3undefined |
Common questions about criminal mischief in New jersey
What degree of offense is criminal mischief in New Jersey?
It depends on the circumstances: criminal mischief ranges from a disorderly persons offense to a crime of the second degree in New Jersey under N.J.S.A. 2C:17-3.
Pecuniary loss >= $2,000: crime of the third degree (N.J.S.A. 2C:17-3undefined) · Pecuniary loss $500-$2,000: crime of the fourth degree (N.J.S.A. 2C:17-3undefined) · Pecuniary loss <= $500: disorderly persons offense (N.J.S.A. 2C:17-3undefined) · Research facility damage: crime of the third degree (N.J.S.A. 2C:17-3undefined) · Airport device damage - base: crime of the fourth degree (N.J.S.A. 2C:17-3undefined) · Airport device damage - bodily injury/property damage: crime of the third degree (N.J.S.A. 2C:17-3undefined) · Airport device damage - death: crime of the second degree (N.J.S.A. 2C:17-3undefined) · Airport tampering - base: crime of the fourth degree (N.J.S.A. 2C:17-3undefined) · Airport tampering - bodily injury/property damage: crime of the third degree (N.J.S.A. 2C:17-3undefined) · Airport tampering - death: crime of the second degree (N.J.S.A. 2C:17-3undefined) · Grave/crypt tampering: crime of the third degree (N.J.S.A. 2C:17-3undefined) · Public service interruption - base: crime of the third degree (N.J.S.A. 2C:17-3undefined) · Public service interruption - death: crime of the second degree (N.J.S.A. 2C:17-3undefined) · Utility pipes/wires tampering: crime of the fourth degree (N.J.S.A. 2C:17-3undefined)
What are the penalties for criminal mischief in New Jersey?
Which New Jersey statute covers criminal mischief?
Criminal mischief is governed by N.J.S.A. 2C:17-3 (Criminal mischief).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.