Establishes offense of criminal mischief committed on historical sites.

A1098

ASSEMBLY, No. 1098

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JOE DANIELSEN

District 17 (Middlesex and Somerset)

Co-Sponsored by:

Assemblyman Coughlin, Assemblywomen Lopez and Haider

SYNOPSIS

���� Establishes offense of criminal mischief committed on
historical sites.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.