By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Rhonda Earhart, Esq. | Last reviewed August 28, 2023
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Vandalism refers to the act of intentionally defacing, damaging, or destroying another person's property. It is an issue that affects both property owners and the community. The crime of vandalism comes in many forms. In most cases, property owners pay thousands of dollars to clean up the mess. Legislators enacted vandalism laws to prevent property crimes and thereby reduce the amount of damage.
The damage caused by acts of vandalism can be incurred in various forms. It can be through defacing, damaging, or destroying public or private property. For instance, vandalism can take the form of someone spray-painting a wall without the consent of the owner, or slashing the tire on another person's vehicle. The perpetrator of this crime may face penalties or fines. They may also be asked to perform community service, such as cleaning up or repairing the damaged property. In some cases, criminal penalties may include jail time, fines, or both. Having a criminal record is also a consequence of a vandalism conviction.
Vandalism is a broad category of property crime that's used to describe a variety of behaviors. Generally, it includes any willful behavior that destroys, alters, or defaces the property of another. Felony vandalism is committed in various ways. It can be through defacing a place of worship or significant tampering with another's personal property. These willful acts include the following:
Vandalism laws exist to prevent the destruction of property and public spaces. They may also protect against hate crimes and other behavior directed at religious or minority groups. Examples of hate crimes related to vandalism include:
State laws cover criminal property damage and are usually defined differently by each state. Some states refer to vandalism as "criminal damage," “malicious trespass," or “malicious mischief." Other legal terms can be incorporated with it, such as property damage. To control the impact of this crime, many states have specific laws that aim to decrease certain forms of property damage. For example, some states have local "aerosol container laws." These laws limit the sale of spray paint containers or other "vandalism tools" that could be used for defacing property.
In addition, some states have laws prohibiting vandalism to specific types of property. For instance, California Penal Code 594 penalizes anyone who maliciously defaces, damages, or destroys real or personal property.
Moreover, some state vandalism laws prohibit specific acts. These acts may include breaking windows or using corrosive materials to destroy property.
Depending on the state and value of the property damage, the crime could be charged as either misdemeanor vandalism or felony vandalism. For instance, a first-degree vandalism conviction could result in higher penalties. On the other hand, second-degree vandalism could result in less severe penalties.
In New York, recklessly damaging the property of another valued at an amount above 250 dollars is criminal mischief. Penalties typically include fines, imprisonment in county jail, or both. In addition, a person convicted of vandalism is often ordered to repair or replace damaged property. This process is called "restitution." Authorities may also ask them to participate in programs to clean up graffiti and other forms of vandalism. If a minor committed vandalism, the parent may be ordered to pay the fines. The order may fall under a "parental liability" theory.
Vandalism, on its own, is often considered a non-violent crime. However, other acts may happen during the commission of vandalism, which could escalate to more severe crimes. Crimes related to vandalism include burglary, criminal trespass, or disturbing the peace.
Defenses to charges of vandalism typically include circumstances that might mitigate the penalties. Mitigating circumstances can lessen the penalty imposed. These could include accident, mischief, or creative expression. Using “accident" as a defense suggests that the property damage was not wrongfully, or unlawfully, committed. Meanwhile, “creative expression" could suggest the act was a political statement or artwork.
Even though vandalism is a criminal charge that generally requires completion of the act, it doesn't need you to get caught in the act. A person may be charged with this crime after the fact, particularly if there are witnesses, surveillance, or other evidence that might implicate you.
The rules surrounding vandalism can be complicated. People often question where the line is drawn between freedom of expression and a felony crime. Thus, seeking legal advice from a vandalism defense attorney or a criminal defense lawyer is essential. They can help protect your rights with their experience and expertise in criminal law, and can provide you with a plan for your legal defense.
Contact a qualified criminal lawyer to make sure your rights are protected.
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