New Jersey Law on Traffic Sign and Signal Damage and Removal

New Jersey has a specific law that makes it illegal to damage, deface, injure, or remove traffic signs or signals. This law is found in Section 2C:17-3.1 of the New Jersey Code of Criminal Justice. Understanding this law is important for all drivers and citizens in order to avoid facing criminal charges.

Overview of the Law

Section 2C:17-3.1 states that “A person who purposely, knowingly, recklessly or negligently defaces, injures or removes an official traffic sign or signal described in Title 39 of the Revised Statutes is guilty of a disorderly persons offense.”[1]

This law establishes that intentionally, knowingly, recklessly or negligently damaging or removing traffic signs or signals is against the law in New Jersey. It is considered a disorderly persons offense, which is a minor criminal charge similar to a misdemeanor in other states.

Some key points about this law:

• It applies to any “official traffic sign or signal” covered under Title 39 of New Jersey law. This includes stop signs, yield signs, traffic lights, street name signs, speed limit signs, lane markings, and more.
• The law prohibits defacing, injuring, or removing these signs/signals. This includes actions like knocking over a stop sign, spray painting or placing stickers on a sign, breaking traffic lights, or taking down signs altogether.
• There are four levels of intent that can lead to charges: purposeful, knowing, reckless, or negligent. This means even accidentally damaging a sign could result in charges if negligence is proven.
• It is classified as a disorderly persons offense. This can result in up to 6 months in jail and a fine up to $1,000.[2]

Real World Examples

There have been a number of cases in recent years where individuals or groups in New Jersey have been charged under this law for traffic sign/signal vandalism and destruction:

• In 2020, two New Jersey teenagers were charged under 2C:17-3.1 after destroying a stop sign with a baseball bat. Their actions were caught on a neighbor’s security camera.[3]
• In 2018, a New Jersey man was charged for removing multiple “No Turn on Red” signs along a busy intersection. He disagreed with the signs and took matters into his own hands illegally.[4]
• A group of five teenagers in New Jersey were charged in 2015 for going on a vandalism spree that including spray painting obscenities on traffic signs and tearing down stop signs.
• There have been multiple cases where frustrated drivers take down signs like “Road Closed” or “Bridge Out” signs and dump them in nearby woods in an attempt to reopen closed roads. But this illegal tampering often makes dangerous situations for other motorists.

Purpose and Rationale of the Law

There are a few key reasons why New Jersey specifically prohibits tampering with traffic signs and signals under this law:

• Traffic signs and signals are vital for public safety on roadways. Removing or damaging them can put lives at risk.
• Intentionally removing signs like stop signs, yield signs, or traffic lights can cause extremely dangerous situations that lead to accidents.
• Defacing signs with graffiti or stickers can make them difficult to read or interpret for drivers. Obscuring or altering signs creates unsafe conditions.
• Taking down signs is also costly for the city or state to replace and maintain roadway integrity. There is a financial impact to sign removal vandalism.
• Individuals should not take the law into their own hands and attempt to alter traffic patterns on public roadways, even if they disagree with the signage. There are legal channels for contesting or changing signage.

Defenses to Charges

There are some potential defenses that could be used if an individual is charged under this law:

• Lack of intent – If there is no evidence that the defendant purposefully, knowingly, or recklessly damaged or removed the sign, then they may be able to fight the charges, especially if it was an accident.
• Misidentification – The defendant can claim they are not the person who actually damaged or removed the sign/signal. If the prosecution cannot prove their identity and culpability, this defense may succeed.
• First Amendment – In some limited cases, defendants have claimed a First Amendment right to protest traffic signage they disagree with. But this defense has not generally succeeded in court.
• Mistake of law – A defendant may claim they were unaware of the law and made an honest mistake. But ignorance of the law is not a strong defense.

Penalties and Consequences

As mentioned previously, violating Section 2C:17-3.1 is a disorderly persons offense. This means potential penalties can include:

• Up to 6 months in jail
• Fines up to $1,000
• Community service
• Probation

Defendants may also have to pay restitution to cover the costs of replacing damaged or removed signs. And drivers charged under this law may see impacts to their auto insurance rates and driving records that persist for years.

Bottom Line on New Jersey’s Traffic Sign and Signal Law

Damaging or tampering with traffic signs and signals is expressly prohibited under Section 2C:17-3.1 of New Jersey’s criminal code.[5] The law is designed to protect public safety and maintain order on roadways. Drivers, pedestrians, protesters, and anyone traveling on New Jersey roads should be aware of this law to avoid facing criminal charges and penalties. While some may disagree with particular traffic signage, there are appropriate legal ways to address those concerns that don’t involve taking the law into one’s own hands. In sum, this law makes clear that defacing, removing, or damaging official traffic signs and signals is an offense punishable by fines, jail time, and other consequences.