Vandalism is generally the damage, destruction, defacing, or alteration of tangible public or private property, done with criminal intent (intentionally or knowingly). Vandalism charges often arise from (1) damage to a home or dwelling; (2) damage to a place of business; (3) damage to a motor vehicle; (4) damage to a school; (5) defacement or destruction of public or private property (graffiti, etc.); or (6) tampering with public water, gas, power, or communications.
Vandalism is sometimes classified as criminal mischief or reckless damage or destruction of property under state laws. These laws vary from state to state and are generally located in a state’s statutes—usually in the penal or criminal code.
In New Jersey, vandalism is typically referred to as criminal mischief, as outlined in the New Jersey Code of Criminal Justice under N.J.S.A. 2C:17-3. Criminal mischief includes the damage, destruction, defacing, or alteration of tangible property of another, whether public or private, done intentionally, knowingly, or recklessly. The severity of the charges can range from a disorderly persons offense to a second-degree crime, depending on factors such as the extent of damage, the value of the property damaged, and whether the act causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public services. Penalties for vandalism in New Jersey can include fines, restitution, community service, and imprisonment. Specific acts of vandalism, such as graffiti, may also be subject to additional fines and community service under separate statutes.