2C:12-1.1     Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, fourth degree crime; sentencing.

A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the fourth degree if the accident results in serious bodily injury to another person.  The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this section.
If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be imposed upon each conviction.
Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.
For the purposes of this section, neither knowledge of the serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of R.S.39:4-129.

2C:12-3     Terroristic threats.

a.A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency.  The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency.  It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.
b.A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

2C:12-10.     Definitions; stalking designated a crime; degrees

  a. As used in this act:
(1)"Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
(2)"Repeatedly" means on two or more occasions.
(3)"Immediate family" means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.
b.A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of  his immediate family or to fear the death of himself or a member of his immediate family.
c.A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
d.A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
e.A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.
f.This act shall not apply to conduct which occurs during organized group picketing.

2C:13-2.     Criminal restraint

    A person commits a crime of the third degree if he knowingly:
    a.  Restrains another unlawfully in circumstances exposing the other to risk  of serious bodily injury;  or
    b.  Holds another in a condition of involuntary servitude.
     The creation by the actor of circumstances resulting in a belief by another  that he must remain in a particular location shall for purposes of this section  be deemed to be a holding in a condition of involuntary servitude.
    In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative  or legal guardian of such child and his sole purpose was to assume control of  such child.

2C:13-3.     False imprisonment

    A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.  In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative  or legal guardian of such child and that his sole purpose was to assume control  of such child.

2C:13-4     Interference with custody.

2C:13-4. Interference with custody. a. Custody of children.  A person, including a parent, guardian or other lawful custodian, is guilty of interference with custody if he:
(1)Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child's other parent of custody or parenting time with the minor child; or
(2)After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of depriving the child's other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State;
(3)After being served with process or having actual knowledge of an action affecting the protective services needs of a child pursuant to Title 9 of the Revised Statutes in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State; or
(4)After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices or conceals a minor child from the other parent in violation of the custody or parenting time order.
Interference with custody is a crime of the second degree if the child is taken, detained, enticed or concealed:  (i) outside the United States or (ii) for more than 24 hours Otherwise, interference with custody is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply.
b.Custody of committed persons.  A person is guilty of a crime of the fourth degree if he knowingly takes or entices any committed person away from lawful custody when he is not privileged to do so.  "Committed person" means, in addition to anyone committed under judicial warrant, any orphan, neglected or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by or through a recognized social agency or otherwise by authority of law.
c.It is an affirmative defense to a prosecution under subsection a. of this section, which must be proved by clear and convincing evidence, that:
(1)The actor reasonably believed that the action was necessary to preserve the child from imminent danger to his welfare.  However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a child under his protection, give notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services;
(2)The actor reasonably believed that the taking or detaining of the minor child was consented to by the other parent, or by an authorized State agency; or
(3)The child, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition and without purpose to commit a criminal offense with or against the child.
d.It is an affirmative defense to a prosecution under subsection a. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:
(1)Gives notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services; or
 (2)Commences an action affecting custody in an appropriate court.
e.The offenses enumerated in this section are continuous in nature and continue for so long as the child is concealed or detained.
f. (1) In addition to any other disposition provided by law, a person convicted under subsection a. of this section shall make restitution of all reasonable expenses and costs, including reasonable counsel fees, incurred by the other parent in securing the child's return.
(2)In imposing sentence under subsection a. of this section the court shall consider, in addition to the factors enumerated in chapter 44 of Title 2C of the New Jersey Statutes:
(a)Whether the person returned the child voluntarily; and
(b)The length of time the child was concealed or detained.
g.As used in this section, "parent" means a parent, guardian or other lawful custodian of a minor child.

2C:13-5.     Criminal coercion

a.  Offense defined.    A person is guilty of criminal coercion if, with purpose unlawfully to restrict another's freedom of action to engage or refrain  from engaging in conduct, he threatens to:
    (1) Inflict bodily injury on anyone or commit any other offense;
     (2) Accuse anyone of an offense;
     (3) Expose any secret which would tend to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
     (4) Take or withhold action as an official, or cause an official to take or  withhold action;
     (5) Bring about or continue a strike, boycott or other collective action, except that such a threat shall not be deemed coercive when the restriction compelled is demanded in the course of negotiation for the benefit of the group  in whose interest the actor acts;
    (6) Testify or provide information or withhold testimony or information with  respect to another's legal claim or defense;  or
    (7) Perform any other act which would not in itself substantially benefit the actor but which is calculated to substantially harm another person with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.
    It is an affirmative defense to prosecution based on paragraphs (2), (3), (4), (6) and (7) that the actor believed the accusation or secret to be true or  the proposed official action justified and that his purpose was limited to compelling the other to behave in a way reasonably related to the circumstances  which were the subject of the accusation, exposure or proposed official action,  as by desisting from further misbehavior, making good a wrong done, or  refraining from taking any action or responsibility for which the actor  believes the other disqualified.
      b.  Grading.    Criminal coercion is a crime of the fourth degree unless the threat is to commit a crime more serious than one of the fourth degree or the actor's purpose is criminal, in which cases the offense is a crime of the third degree.

 

2C:14-1    Definitions

2C:14-1.  Definitions.  The following definitions apply to this chapter: 

    a.   "Actor" means a person accused of an offense proscribed under this act;
    b.   "Victim" means a person alleging to have been subjected to offenses proscribed by this act;
    c.   "Sexual penetration" means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction.  The depth of insertion shall not be relevant as to the question of commission of the crime; 
    d.   "Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present; 
    e.   "Intimate parts" means the following body parts:  sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person;
   f.   "Severe personal injury" means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain;
    g.   "Physically helpless" means that condition in which a person is unconscious or is physically unable to flee or is physically unable to communicate unwillingness to act;
    h.   "Mentally defective" means that condition in which a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent; 

    i.   "Mentally incapacitated" means that condition in which a person is rendered temporarily incapable of understanding or controlling his conduct due to the influence of a narcotic, anesthetic, intoxicant, or other substance administered to that person without his prior knowledge or consent, or due to any other act committed upon that person which rendered that person incapable of appraising or controlling his conduct; 
    j.   "Coercion" as used in this chapter shall refer to those acts which are defined as criminal coercion in section 2C:13-5(1), (2), (3), (4), (6) and (7).
83, c.249, s.1; 1989,c.228,s.2. 

2C:14-2     Sexual assault.

2C:14-2.  Sexual assault.  a.  An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1)The victim is less than 13 years old;
(2)The victim is at least 13 but less than 16 years old; and
(a)The actor is related to the victim by blood or affinity to the third degree, or
(b)The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or
(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(3)The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
(4)The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
(5)The actor is aided or abetted by one or more other persons and the  actor uses physical force or coercion;
(6)The actor uses physical force or coercion and severe personal injury is sustained by the victim;
(7)The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.
Aggravated sexual assault is a crime of the first degree.
b.An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.
c.An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1)The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
(2)The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;
(3)The victim is at least 16 but less than 18 years old and:
(a)The actor is related to the victim by blood or affinity to the third degree; or
(b)The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
(c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(4)The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.
Sexual assault is a crime of the second degree.

 

2C:14-3     Aggravated criminal sexual contact; criminal sexual contact

a.  An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2a. (2) through(7).
Aggravated criminal sexual contact is a crime of the third degree.
b.  An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2c. (1) through(4).
Criminal sexual contact is a crime of the fourth degree.

2C:14-4.     Lewdness

a.   A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed. 
    b.   A person commits a crime of the fourth degree if:

  (1)  He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child. 
    (2)  He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct. 
    c.   As used in this section:
    "lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

 

2C:14-9.     Invasion of privacy, degree of crime; defenses, privileges

a.  An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so,  and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person's consent and under circumstances in which a reasonable person would not expect to be observed.
b.An actor commits a crime of the third degree if,  knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed.
c.An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure.  For purposes of this subsection, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.  Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.
d.It is an affirmative defense to a crime under this section that:
(1)the actor posted or otherwise provided prior notice to the person of the actor's intent to engage in the conduct specified in subsection a., b., or c., and
(2)the actor acted with a lawful purpose.
e.  (1) It shall not be a violation of subsection a. or b. to observe another person in the access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of such person, if the actor conspicuously posts at the entrance to the fitting room or dressing room prior notice of his intent to make the observations, photographs, films, videotapes, recordings or other reproductions.
(2)It shall be a violation of subsection c. to disclose in any manner any such photograph, film, videotape or recording of  another person using a fitting room or dressing room except under the following circumstances:
(a)to law enforcement officers in connection with a criminal prosecution;
(b)pursuant to subpoena or court order for use in a legal proceeding; or
(c)to a co-worker, manager or supervisor acting within the scope of his employment. 
f.It shall be a violation of subsection a. or b. to observe another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of another person  in a private dressing stall of a fitting room or dressing room.
g.For purposes of this act, a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his duties shall be deemed to be licensed or privileged to make and to disclose observations, photographs, films, videotapes, recordings or any other reproductions.
h.Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection b. of this section shall not merge with a conviction under subsection c. of this section, nor shall a conviction under subsection c. merge with a conviction under subsection b.

 

2C:15-1.     Robbery

a.  Robbery defined.    A person is guilty of robbery if, in the course of  committing a theft, he:
    (1) Inflicts bodily injury or uses force upon another;  or
     (2) Threatens another with or purposely puts him in fear of immediate bodily  injury;  or
     (3) Commits or threatens immediately to commit any crime of the first or second degree.
     An act shall be deemed to be included in the phrase  "in the course of committing a theft"  if it occurs in an attempt to commit theft or in immediate  flight after the attempt or commission.
      b.  Grading.    Robbery is a crime of the second degree, except that it is  a crime of the first degree if in the course of committing the theft the actor  attempts to kill anyone, or purposely inflicts or attempts to inflict serious  bodily injury, or is armed with, or uses or threatens the immediate use of a  deadly weapon.

 

2C:15-2.     Carjacking defined

committing an unlawful taking of a motor vehicle, as defined in R.S.39:1-1, or in an attempt to commit an unlawful taking of a motor vehicle he: 
   (1)  inflicts bodily injury or uses force upon an occupant or person in possession or control of a motor vehicle; 
   (2)  threatens an occupant or person in control with, or purposely or knowingly puts an occupant or person in control of the motor vehicle in fear of, immediate bodily injury; 
   (3)  commits or threatens immediately to commit any crime of the first or second degree; or 
   (4)  operates or causes said vehicle to be operated with the person who was in possession or control or was an occupant of the motor vehicle at the time of the taking remaining in the vehicle. 
   An act shall be deemed to be "in the course of committing an unlawful taking of a motor vehicle" if it occurs during an attempt to commit the unlawful taking of a motor vehicle or during an immediate flight after the attempt or commission. 
   b.   Grading.  Carjacking is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years.  A person convicted of carjacking shall be sentenced to a term of imprisonment and that term of imprisonment shall include the imposition of a minimum term of at least five years during which the defendant shall be ineligible for parole. 

 

2C:17-1.     Arson and related offenses

Aggravated arson. A person is guilty of aggravated arson, a crime of the second degree, if he starts a fire or causes an explosion, whether on his own property or another's:
(1)  Thereby purposely or knowingly placing another person in danger of death or bodily injury; or
(2)  With the purpose of destroying a building or structure of another; or
(3)  With the purpose of collecting insurance for the destruction or damage to such property under circumstances which recklessly place any other person in danger of death or bodily injury; or
(4) With the purpose of destroying or damaging a structure in order to exempt the structure, completely or partially, from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment under circumstances which recklessly place any other person in danger of death or bodily injury; or
(5) With the purpose of destroying or damaging any forest.
b.  Arson. A person is guilty of arson, a crime of the third degree, if he purposely starts a fire or causes an explosion, whether on his own property or another's:
(1)  Thereby recklessly placing another person in danger of death or bodily injury; or
(2)  Thereby recklessly placing a building or structure of another in danger of damage or destruction; or
(3)  With the purpose of collecting insurance for the destruction or damage to such property; or
(4) With the purpose of destroying or damaging a structure in order to exempt the structure, completely or partially, from the provisions of any State, county or local zoning, planning or building law, regulation, ordinance or enactment; or
(5) Thereby recklessly placing a forest in danger of damage or destruction.
c.  Failure to control or report dangerous fire.  A person who knows that a fire is endangering life or a substantial amount of property of another and either fails to take reasonable measures to put out or control the fire, when he can do so without substantial risk to himself, or to give prompt fire alarm, commits a crime of the fourth degree if:
(1)  He knows that he is under an official, contractual, or other legal duty to prevent or combat the fire; or
(2)  The fire was started, albeit lawfully, by him or with his assent, or on property in his custody or control.
d.  Any person who, directly or indirectly, pays or accepts or offers to pay or accept any form of consideration including, but not limited to, money or any other pecuniary benefit, regardless of whether any consideration is actually exchanged for the purpose of starting a fire or causing an explosion in violation of this section commits a crime of the first degree.
e.  Notwithstanding the provisions of any section of this Title to the contrary, if a person is convicted of aggravated arson pursuant to the provisions of subsection a. of this section and the structure which was the target of the offense was a health care facility or a physician's office, the sentence imposed shall include a term of imprisonment.  The court may not suspend or make any other noncustodial disposition of a person sentenced pursuant to the provisions of this subsection.
f.   Definitions.  "Structure" is defined in section 2C:18-1. Property is that of another, for the purpose of this section, if any one other than the actor has a possessory, or legal or equitable proprietary interest therein.  Property is that of another for the purpose of this section, if anyone other than the actor has a legal or equitable interest in the property including, but not limited to, a mortgage, pledge, lien or security interest therein.  If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another.  As used in this section, "forest" means and includes any forest, brush land, grass land, salt marsh, wooded area and any combination thereof, including but not limited to, an open space area, public lands, wetlands, park lands, natural habitats, a State conservation area, a wildlife refuge area or any other designated undeveloped open space whether or not it is subject to specific protection under law.
As used in this section, "health care facility" means health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2).
g.  Notwithstanding the provisions of any section of this Title to the contrary, if a person is convicted pursuant to the provisions of  subsection a., b. or d. of this section and the structure which was the target of the offense was a church, synagogue, temple or other place of public worship, that person commits a crime of the first degree and the sentence imposed shall include a term of imprisonment.  The term of imprisonment shall include a minimum term of 15 years, during which the defendant shall be ineligible for parole. The court may not suspend or make any other noncustodial disposition of a person sentenced pursuant to the provisions of this subsection.

 

2C:17-3     Criminal mischief.

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.
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, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service.
(2)Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00.  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.
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:
(1)"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.
(2)"Spray paint" means any paint or pigmented substance that is in an aerosol or similar spray container.