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New jersey criminal charge

Vandalizing railroad crossing devices, property; grading of offenses; graffiti in New jersey

Current through 2026 New Jersey legislative session

Vandalizing railroad crossing devices, property; grading of offenses; graffiti is a criminal offense under New jersey law, defined by N.J.S.A. 2C:33-14.1. 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:33-14.1.

What is the penalty for vandalizing railroad crossing devices, property; grading of offenses; graffiti in New jersey?

Penalties for Vandalizing railroad crossing devices, property; grading of offenses; graffiti
PenaltyRangeBasisAuthority
Jail / prisonup to 18 months (no statutory minimum) (First offense - basic vandalizing of railroad crossing devices/property — A first offense of purposely, knowingly, or recklessly defacing, damaging, obstructing, removing or impairing a railroad crossing warning device or railroad property/equipment.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs))discretionaryN.J.S.A. 2C:43-6
Fineup to 10000 usd (no statutory minimum) (First offense - basic vandalizing of railroad crossing devices/property — A first offense of purposely, knowingly, or recklessly defacing, damaging, obstructing, removing or impairing a railroad crossing warning device or railroad property/equipment.; or up to double gain/loss (2C:43-3))discretionaryN.J.S.A. 2C:43-6
Jail / prison3 years to 5 years (Reckless causation of bodily injury or $2000+ pecuniary loss — The defacement, damage, obstruction, removal or impediment recklessly causes bodily injury or pecuniary loss of $2000 or more.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs))presumptiveN.J.S.A. 2C:43-6
Fineup to 15000 usd (no statutory minimum) (Reckless causation of bodily injury or $2000+ pecuniary loss — The defacement, damage, obstruction, removal or impediment recklessly causes bodily injury or pecuniary loss of $2000 or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed)discretionaryN.J.S.A. 2C:43-6
Jail / prison5 years to 10 years (Reckless causation of death or serious bodily injury — The defacement, damage, obstruction, removal or impediment recklessly causes a death or serious bodily injury.; presumption of imprisonment (2C:44-1(d)))presumptiveN.J.S.A. 2C:43-6
Fineup to 150000 usd (no statutory minimum) (Reckless causation of death or serious bodily injury — The defacement, damage, obstruction, removal or impediment recklessly causes a death or serious bodily injury.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed)discretionaryN.J.S.A. 2C:43-6

Applies to current.

How is vandalizing railroad crossing devices, property; grading of offenses; graffiti classified in New jersey?

The classification depends on the circumstances:

Classification variants for Vandalizing railroad crossing devices, property; grading of offenses; graffiti
VariantClassificationWhen it appliesStatute
First offense - basic vandalizing of railroad crossing devices/propertycrime of the fourth degreeA first offense of purposely, knowingly, or recklessly defacing, damaging, obstructing, removing or impairing a railroad crossing warning device or railroad property/equipment.N.J.S.A. 2C:33-14.1undefined
Reckless causation of bodily injury or $2000+ pecuniary losscrime of the third degreeThe defacement, damage, obstruction, removal or impediment recklessly causes bodily injury or pecuniary loss of $2000 or more.N.J.S.A. 2C:33-14.1undefined
Reckless causation of death or serious bodily injurycrime of the second degreeThe defacement, damage, obstruction, removal or impediment recklessly causes a death or serious bodily injury.N.J.S.A. 2C:33-14.1undefined

Common questions about vandalizing railroad crossing devices, property; grading of offenses; graffiti in New jersey

What degree of offense is vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey?

It depends on the circumstances: vandalizing railroad crossing devices, property; grading of offenses; graffiti ranges from a crime of the fourth degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:33-14.1.

First offense - basic vandalizing of railroad crossing devices/property: crime of the fourth degree (N.J.S.A. 2C:33-14.1) · Reckless causation of bodily injury or $2000+ pecuniary loss: crime of the third degree (N.J.S.A. 2C:33-14.1) · Reckless causation of death or serious bodily injury: crime of the second degree (N.J.S.A. 2C:33-14.1)

What are the penalties for vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey?

Penalties for vandalizing railroad crossing devices, property; grading of offenses; graffiti in New Jersey depend on how it is classified — from a crime of the fourth degree up to a crime of the second degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.

Which New Jersey statute covers vandalizing railroad crossing devices, property; grading of offenses; graffiti?

Vandalizing railroad crossing devices, property; grading of offenses; graffiti is governed by N.J.S.A. 2C:33-14.1 (Vandalizing railroad crossing devices, property; grading of offenses; graffiti).

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.