N.J.S.A. Section 2C:33-11 – Defacement of Private Property, Crime of Fourth Degree; Act of Graffiti, Additional Penalty

Section 2C:33-11 – Defacement of Private Property, Crime of Fourth Degree; Act of Graffiti, Additional Penalty

2. A person is guilty of a crime of the fourth degree if he purposely defaces or damages, without authorization of the owner or tenant, any private premises or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons for purpose of exercising any right guaranteed by law or by the Constitution of this State or of the United States by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence.

A person convicted of an offense under this section that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required either to pay to the owner of the damaged property monetary restitution in the amount of pecuniary damage caused by the act of graffiti or 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.

L.1981,c.282,s.2; amended 1995,c.211,s.5; 1995,c.251,s.3.

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