New Jersey Section 2C:33-25 – Warning sign required for sale of spray paint; violations, penalties

New Jersey Requires Warning Signs for Spray Paint Sales

New Jersey has a law on the books requiring retailers who sell spray paint to post a warning sign near the products. This law, known as Section 2C:33-25 of the New Jersey Code of Criminal Justice, is intended to deter minors from buying spray paint to create graffiti. But what exactly does the law entail, what are the penalties for violations, and what are the pros and cons of this type of regulation? Let’s take a closer look.

What the Law Says

The key parts of Section 2C:33-25 are as follows:

• Retailers who display spray paint for sale must post a sign that says: “It is illegal for anyone under 18 years old to purchase spray paint or broad tipped markers. Shoplifters will be prosecuted.”
• The sign must be visible to the public and located next to or above the spray paint display.
• The lettering on the sign must be at least 3/8 inch high.
• Anyone who knowingly violates the law will be fined $50 for a first offense and $100 for any subsequent offenses.

So in a nutshell – if you sell spray paint in New Jersey, you need to put up a warning sign or you could face fines. This law has been on the books since 1995.

The Intent Behind the Law

The purpose of Section 2C:33-25 is to deter minors from shoplifting spray paint to use for graffiti vandalism. By requiring a warning sign, the thought is that minors will be discouraged from stealing spray paint if they know shoplifters will be prosecuted.

New Jersey [isn’t the only state](https://cga.ct.gov/PS98/rpt%5Colr%5Chtm/98-R-0531.htm) with laws like this. Connecticut, New York, and Rhode Island also have laws requiring spray paint sellers to post warning signs about the illegality of sales to minors. These types of laws came about in the 1990s at the height of the graffiti vandalism crisis in urban areas.

Pros and Cons of Warning Sign Laws

Do laws like Section 2C:33-25 actually help deter graffiti vandalism by minors? There are good-faith arguments on both sides:

Potential Pros

• The signs act as a deterrent and remind minors that there are legal consequences for misusing spray paint. This may discourage some from shoplifting.
• It shows retailers are serious about not selling to underage buyers.
• Police can use the lack of proper signage as a reason to investigate if they suspect a store is selling unlawfully to minors.

Potential Cons

• There’s no evidence the signs actually reduce graffiti vandalism rates. Graffiti was already on the decline nationally by the mid-90s.
• Determined shoplifters may not care about the signs. And retailers can still legally sell spray paint to adults.
• It creates an unfunded mandate for retailers who have to print up signs.
• The signs may be ignored by customers and not seen by shoplifters.
• Fines seem light ($50-$100) and may not deter retailers from ignoring the law.

So in summary – there are reasonable cases to be made both for and against the effectiveness of laws like Section 2C:33-25 when it comes to combating illegal graffiti. But New Jersey lawmakers decided it was still worth enacting.

Defenses and Challenges to Sign Law Citations

What can a retailer do if they receive a citation for violating Section 2C:33-25 by not having the proper warning signage? There are a few possible defenses:

• Lack of knowledge – Argue that you were unaware of the obscure sign law and immediately complied once cited. Ignorance of the law is not a full defense but shows good faith.
• Sign was stolen or damaged – If the sign was vandalized or stolen without your knowledge, you should not be liable. Bring evidence the sign was once properly in place.
• Selective enforcement – Argue that you are being unfairly targeted for enforcement compared to other stores. Prove that other retailers also lack signs.
• Vagueness challenge – Challenge the language of the law as too vague in some way, such as what constitutes a “visible” sign location.
• Request fine reduction – Ask for mercy from the judge and a lowered fine amount, arguing the citation was a wake-up call.

Fighting a Section 2C:33-25 citation can be complicated and you may need a lawyer’s expertise. But retailers do have some defenses available if they wish to challenge a spray paint sign violation.

Bottom Line on New Jersey’s Spray Paint Sign Law

Section 2C:33-25 is a classic example of a state legislature trying to find creative ways to fight back against graffiti vandalism. The hope was that requiring warning signs about illegal spray paint sales to minors would deter shoplifting. Retailers face little risk beyond minor fines for violating the rule.

After 25+ years on the books, it’s unclear how effective New Jersey’s spray paint sign mandate really is. Graffiti rates have dropped significantly nationwide since the 1990s. This is probably due more to cultural shifts than warning signs. But the sign law remains in effect for Garden State retailers.

At the end of the day, Section 2C:33-25 is a minor burden on spray paint sellers. While the signs may not be stopping determined shoplifters, they probably don’t hurt. And they show that retailers are serious about not selling to underage graffiti writers. No law is perfect. But New Jersey’s effort to post warnings represents a well-intentioned attempt to fight vandalism.