{"id":376689,"date":"2017-12-18T15:27:33","date_gmt":"2017-12-18T20:27:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-vandalism-laws.html"},"modified":"2018-01-17T17:11:51","modified_gmt":"2018-01-17T22:11:51","slug":"texas-vandalism-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-vandalism-laws.html","title":{"rendered":"Texas Vandalism Laws"},"content":{"rendered":"\n
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Texas Vandalism Laws<\/h1>\n
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It’s common knowledge that damaging or tampering with someone else’s property is against the law. Even childish vandalism offenses like egging a car or spray painting a fence can lead to serious penalties. Under Texas law, many forms of vandalism are charged as criminal mischief. This quick review will get you up to speed on vandalism laws in Texas.<\/p>\n

Criminal Mischief Charges in Texas<\/h2>\n

Criminal mischief is a broadly defined crime that punishes willful behavior aimed at destroying, altering, or defacing property belonging to another. Under Texas law, a person is guilty of criminal mischief<\/a> if they intentionally or knowingly perform any of the following acts without the consent of the property owner:<\/p>\n

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  1. Damage or destroy the tangible property of the owner;<\/li>\n
  2. Tamper with the tangible property of the owner, causing monetary loss or substantial inconvenience to the owner or a third person; or<\/li>\n
  3. Make markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.<\/li>\n<\/ol>\n

    Since this is a specific intent crime, the prosecution must prove that the defendant acted with purpose<\/a>, knowing that their act damaged or tampered with another person’s property. Common defenses to criminal mischief are mistake of fact or accident. Without proof of intent, you can be charged with reckless damage or destruction, which occurs when one recklessly damages or destroys another’s property without consent.<\/p>\n

    Penalties for Criminal Mischief<\/h2>\n

    Punishment for criminal mischief is scaled to meet the seriousness of the crime; but as the chart below reflects, most violations are charged as misdemeanors<\/a>. Basically, the greater the value of the property involved, the stiffer the penalty.<\/p>\n

    For example, vandalism resulting in less than $100 in damage is considered a fine-only offense. However, when property damage is valued between $750 and $2,500, you could face up to one year in jail and fines as much as $4,000.<\/p>\n

    Understanding Texas Graffiti Charges<\/h2>\n

    It’s not uncommon for other crimes to be alleged along with a criminal mischief charge. Graffiti is a related property crime that involves the unauthorized writing or drawing on a wall<\/a> or other surface. Under Texas law, a person commits a graffiti offense if, without the consent of the owner, the person intentionally makes markings, drawings, or paintings on someone else’s tangible property with:<\/p>\n