{"id":374037,"date":"2018-07-19T10:14:45","date_gmt":"2018-07-19T15:14:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-vandalism-laws-1.html"},"modified":"2018-07-19T16:56:49","modified_gmt":"2018-07-19T21:56:49","slug":"massachusetts-vandalism-laws-1","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-vandalism-laws-1.html","title":{"rendered":"Massachusetts Vandalism Laws"},"content":{"rendered":"\n
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Massachusetts Vandalism Laws <\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The term vandalism<\/a><\/i> refers to the unlawful damage or destruction of someone's property. Other terms such as malicious mischief, criminal mischief, or malicious damage (used in Massachusetts) are used interchangeably to describe this property crime<\/a>.<\/p>\r\n

In Massachusetts, malicious damage or an act of vandalism can cover a range of misdeeds, including: tire slashing, graffiti, or defacing a mural. However, the actual charges and penalties will depend on the perpetrator's state of mind<\/a> at the time of the offense.<\/p>\r\n

Intent in Massachusetts Vandalism Crimes<\/h2>\r\n

If you destroy or damage another's property "willfully and maliciously," you have committed vandalism with ill will and the intent to do harm and you can be charged with "willful destruction of property," a felony offense. However, if you acted "wantonly" (recklessly and without ill intention), then you can face lesser vandalism misdemeanor charges.<\/p>\r\n

A Summary of Massachusetts Vandalism Laws<\/h2>\r\n

While it's important to understand everything that a statute says, it's also helpful for comprehension to refer to a condensed version of the text. Read on for a plain language summary of vandalism laws in Massachusetts.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Massachusetts General Laws<\/p>\r\n

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Penalties:
\r\n Malicious Property Destruction; Wanton Property Destruction<\/b><\/p>\r\n

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Malicious Destruction<\/i><\/b><\/p>\r\n

Property valued over $250 is punishable by:<\/p>\r\n

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  • Incarceration of up to 10 years in prison<\/li>\r\n
  • Fines up to $3,000 or three times the property damage<\/li>\r\n
  • Up to 2.5 years in jail.<\/li>\r\n<\/ul>\r\n

    Property valued under $250 is punishable by:<\/p>\r\n

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    • Fines up to three times the value of the damage of the property and<\/li>\r\n
    • Up to 2.5 years in jail.<\/li>\r\n<\/ul>\r\n

      Wanton Destruction<\/i><\/b><\/p>\r\n

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      • A fine up to $1,500 or up to three times the value of the property (whichever is greater);<\/li>\r\n
      • Up to 2.5 years in jail.
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Penalties for other Vandalism Offenses<\/b><\/p>\r\n<\/td>\r\n

Graffiti:<\/i><\/b> Willfully or maliciously painting, marking, or otherwise defacing someone's property (including but not limited to a wall, fence, building, sign, rock, monument, gravestone or tablet) is penalized by up to 3 years in prison and\/or fines, including possibly paying for graffiti removal.<\/b><\/p>\r\n

Tagging:<\/i><\/b> Painting or signing your name, initials or other designation to another's property. Because of the common connection with gang activity, this offense is punishable by a maximum 2 years in prison, fine up to $1,500, less than three times the property damage.<\/b><\/p>\r\n

Vehicle Damage:<\/b><\/i> felony offense, with maximum penalties of up to 15 years in prison, fines up to $5,000.<\/b><\/p>\r\n

Destruction of Certain Buildings:<\/i><\/b><\/p>\r\n

For willful, intentional or wanton destruction or defacement of certain building types, the punishment is more severe.<\/p>\r\n

Related Offenses<\/b><\/p>\r\n<\/td>\r\n