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

New Jersey has a law, Section 2C:33-11, that makes it a crime to deface private property without permission. This law makes “defacement of private property” a disorderly persons offense, which is similar to a misdemeanor in other states. An “act of graffiti” has additional penalties under this law.

What Does the Law Say?

The law states that anyone who defaces or damages private property without permission is guilty of a “disorderly persons offense.” This means it is a minor criminal offense, punishable by up to 6 months in jail, a fine of up to $1,000, or both[1].

The law defines “defacement” as any drawing, painting, etching, scratching, or otherwise marring the surface of private property by any means, including chalk, spray paint, paintbrush, cloth, sponge, nail, or other object[2].

An “act of graffiti” is defined as drawing, painting, etching, scratching, or otherwise marking of an inscription, word, figure, mark or design on private property without permission[3].

If the damage from the act of graffiti is less than $500, it is a “disorderly persons offense.” But if the damage is $500 or more, it becomes a crime of the fourth degree[1].

A fourth degree crime is more serious than a disorderly persons offense. It is punishable by up to 18 months in prison, a fine of up to $10,000, or both[4].

What Kind of Property Does This Law Apply To?

The law applies to any “private property,” which includes houses, townhouses, condominiums, apartment complexes, retail establishments, trains, buses, cabins, boats, trailers, motor homes, campers, or any other property that is not considered public property[2].

So this law does not apply to defacing public property like government buildings, public parks, roads, bridges, etc. Defacing public property may fall under other vandalism laws.

What Should I Do If Charged Under This Law?

If you are charged under Section 2C:33-11 for defacement of property or an act of graffiti, take the charges seriously. Hire a criminal defense attorney to represent you, especially if the damages are $500 or more and you are facing a fourth degree charge.

Your attorney can help raise any viable defenses, negotiate with the prosecutor, or take your case to trial if necessary. They can also advocate for the penalties to be minimized if you are convicted under this law.

Defacing private property without permission is a crime in New Jersey. But there are some defenses available, and penalties may be reduced with an experienced criminal lawyer’s help. Understanding the law’s specifics allows property owners to protect their rights while artists can still express themselves legally through sanctioned public art.