New Jersey Statutes

N.J. Stat. § 2C:17-3 (2026)

Criminal mischief

✓ current as of May 2026

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2C:17-3. 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 $2,000.00 or more.

(2) 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.

(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 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.

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.

Notes of Decisions

Cited in 111 cases (58 in the last 5 years), 1994–2026 · leading case: Luthe v. City of Cape May, 49 F. Supp. 2d 380 (D.N.J. 1999).

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Luthe v. City of Cape May, 49 F. Supp. 2d 380 (D.N.J. 1999). · cites it 6× “See N.J. Stat. Ann. § 2C:17-3. A conviction for a crime of the third degree in New Jersey, such as burglary, is punishable by a term of imprisonment of between three and five years.”

Lazaro Larios v. Attorney Gen. United States, 978 F.3d 62 (3rd Cir. 2020). “Yet New Jersey’s criminal code demonstrates otherwise: The offense of criminal mischief, for example, involves “tamper[ing] with tangible property of another so as to endanger person or property” and causing “pecuniary loss of $500 or more,” N.J. Stat. Ann. § 2C:17-3(a)(2), so a…”

State v. Coclough, 207 A.3d 780 (N.J. Super. Ct. App. Div. 2019). “2C:18-2(a)(1), and fourth-degree criminal mischief, N.J.S.A. 2C:17-3(a)(1), defendant raises, as plain error, issues regarding the court's jury instructions and police witnesses' identification-related testimony.”

Kamen v. Egan, 730 A.2d 873 (N.J. Super. Ct. App. Div. 1999). “2C:14-4 (10) Criminal mischief N.J.S.A. 2C:17-3 (11) Burglary N.J.S.A. 2C:18-2 (12) Criminal trespass N.”

Commonwealth v. Deberry, 804 N.E.2d 911 (Mass. 2004). “2003); N.J. Stat. Ann. § 2C:17-3 (West Supp. 2003); N.”

State v. Vawter, 642 A.2d 349 (N.J. 1994). “Counts One through Four charged defendants with having put another in fear of violence by placement of a symbol or graffiti on property, a third-degree offense, in violation of Section 10; Counts Five through Eight charged defendants with fourth-degree defacement contrary to…”

State v. Hemenway, 185 A.3d 877 (N.J. Super. Ct. App. Div. 2018). “2C:12-3, criminal mischief, N.J.S.A. 2C:17-3, and criminal trespass, N.”

State of New Jersey v. Aakash A. Dalal, 102 A.3d 957 (N.J. Super. Ct. App. Div. 2014). “On February 29, 2012, defendant was charged in a Complaint- Summons with criminal mischief, a disorderly-persons offense, N.J.S.A. 2C:17-3(a)(1), based on an allegation that he spray- painted anti-Semitic graffiti on a Hackensack synagogue.”

Brian Beyer v. Sea Bright Borough & Sea Bright Police Dep't, 114 A.3d 380 (N.J. Super. Ct. App. Div. 2015). “2C:29-2(a)(1), and criminal mischief, N.J.S.A. 2C:17-3(a)(1). The record is silent as to the disposition of those charges.”

L.C. v. Bd. of Review, Dep't of Labor & Lakeland Bank, 110 A.3d 949 (N.J. Super. Ct. App. Div. 2015). “2C:25- 19(a)(10), N.J.S.A. 2C:17-3, based on L.C.'s husband's damage to her domestic appliance, and her vehicle; and stalking, see N.”

N.T.B. v. D.D.B. (N.J. Super. Ct. App. Div. 2015). · cites it 12× “In this appeal, we must determine whether a spouse's destruction of a door within the couple's jointly-owned marital home may constitute the predicate act of "criminal mischief," N.J.S.A. 2C:17-3, thereby supporting a finding of an act of domestic violence pursuant to the…”

Show all 111 citing cases →

— N.J. Stat. § 2C:17-3(a) — 11 cases

H.C.F. Vs. J.T.B. (fv-14-1099-15, Morris Cnty. & Statewide)(record Impounded) (N.J. Super. Ct. App. Div. 2017).

State of New Jersey Vs. Jullian Oree (11-06-0410, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).

Yohananov v. Devine (D.N.J. 2025).

State of New Jersey v. Michael A. Dotro (N.J. Super. Ct. App. Div. 2026).

N.T.B. v. D.D.B. (N.J. Super. Ct. App. Div. 2015). “In this appeal, we must determine whether a spouse's destruction of a door within the couple's jointly-owned marital home may constitute the predicate act of "criminal mischief," N.J.S.A. 2C:17-3, thereby supporting a finding of an act of domestic violence pursuant to the…”

— N.J. Stat. § 2C:17-3(a)(1) — 71 cases

D.a v. v. M.N. (N.J. Super. Ct. App. Div. 2024).

State of New Jersey v. Michael A. Dotro (N.J. Super. Ct. App. Div. 2026).

— N.J. Stat. § 2C:17-3(a)(2) — 6 cases

Luthe v. City of Cape May, 49 F. Supp. 2d 380 (D.N.J. 1999). “See N.J. Stat. Ann. § 2C:17-3. A conviction for a crime of the third degree in New Jersey, such as burglary, is punishable by a term of imprisonment of between three and five years.”

State of New Jersey v. D.M.W. (N.J. Super. Ct. App. Div. 2025).

State of New Jersey Vs. Neil Raciti (16-05-0951, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey Vs. Schuyler M. Drake (fo-02-0350-20, Bergen Cnty. & Statewide) (record Impounded) (N.J. Super. Ct. App. Div. 2021).

— N.J. Stat. § 2C:17-3(a)(l) — 1 case

— N.J. Stat. § 2C:17-3(b)(1) — 1 case

State of New Jersey Vs. Michael Kaprosch (17-02-0068 & 17-03-0090, Sussex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).

— N.J. Stat. § 2C:17-3(b)(2) — 5 cases

John Ditaranto Vs. Passaic Cnty. Prosecutor's Off. (l-0919-18, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).

State of New Jersey Vs. Kevin J. Scuccimarri (14-08-0893, Middlesex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018).

State of New Jersey Vs. Randall L. Fields (13-05-0464, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).

State of New Jersey Vs. Dwayne N. Wakefield (16-11-0979 & 17-12-0848, Cape May Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).

In the Matter of Trooper Michael R. Travis 7349 (N.J. Super. Ct. App. Div. 2025).

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