Colorado Vandalism Laws

Colorado vandalism laws cover all types of intentional property damage. Vandalism includes criminal mischief, defacing property, and other offenses. Graffiti is the best-known criminal offense involving vandalism, but many others exist.

Vandalism and criminal mischief are intentional crimes. This means the person must knowingly and deliberately damage another person's property. Criminal mischief charges do not get filed after an accident. But other negligent acts can result in prosecutors adding charges of criminal mischief.

If you're facing charges of vandalism or criminal mischief, contact a criminal defense lawyer immediately.

Vandalism and Related Offenses

Criminal mischief (Colorado Revised Statutes 18-4-501) is the knowing damage of the "real or personal property of another" in a single criminal episode. The damaged property may belong to one person or several people. It's possible to vandalize property you own with others if you damage or destroy it without the other owners' permission.

Defacing property (CRS 18-4-509) includes all public and private property and extends to caves and historical monuments.

Criminal tampering (CRS 18-4-505) is vandalism interrupting public utilities or health and safety services. CRS 18-4-506.3 makes tampering with oil or gas collection equipment a misdemeanor.

Defacing or destroying written instruments (CRS 18-4-507) damages a title deed or other document supporting a property right is a second-degree misdemeanor. Criminal mischief laws protect other property rights in CRS 18-4-508, Defacing or destroying landmarks or monuments. Monuments here mean "land boundary monuments" used as survey markers.

Defacing posted notices required by law (CRS 18-4-510) is a civil infraction, punishable by a fine.

Trespass and Vandalism

Criminal trespass is entering the land of another to commit a crime (CRS 18-4-502). Entering another's property to deface or destroy property can meet the definition of trespass. Entering a motor vehicle or dwelling is a first-degree misdemeanor, but entering an occupied building bumps the offense to a Class 6 felony.

Trespassing charges may surprise some defendants in criminal mischief cases. Minors commit a majority of vandalism cases. They think they are committing a petty offense and are charged with multiple offenses instead.

Juvenile vandals seldom face jail time unless they are repeat offenders or there are other offenses involved. Juvenile cases go through the juvenile justice system, and judges consider other options besides incarceration. Juvenile offenders are more likely to face:

• Restitution, where they must repay or replace the value of the property damaged
• Fines or community service may replace the property value to the court rather than the property owner. This type of service is common if the damage involves public property rather than private property.
• Probation may run concurrently with other sentences. Juvenile defendants may have other requirements, such as remaining in school or looking for work.

Criminal Mischief Enhancements

Criminal mischief and destruction of property can be part of other offenses, a procedure known as enhancement. This may increase the penalty of the offense or be a separate crime, known as a "lesser-included offense." For example, if someone trespasses on private property and commits $5,000 of property damage, the vandalism is a Class 6 felony, and the trespass becomes a lesser-included offense.

Other possible enhancements may include:

• Domestic violence (CRS 18-6-801 et seq.). Judges and juries may consider prior crimes, including criminal mischief if the defendant used such acts to control or coerce a domestic violence victim.
• Arson (CRS 18-4-101 et seq.). Criminal arson is a Class 3 felony and contains elements of criminal mischief.

Penalties for Vandalism

In the state of Colorado, penalties depend on the total amount of property damage. Defendants face felony charges for damage over $1,000.

• Under $300 — Class 3 misdemeanor punishable with up to six months imprisonment and $50-$750 in fines
• $300-$750 — Class 2 misdemeanor punishable with three to 12 months imprisonment and $250-$1,000 in fines
• $750-$1,000 — Class 1 misdemeanor punishable with six to 18 months imprisonment and $500-$5,000 in fines
• $1,000-$5,000 — Class 6 felony punishable with 12-18 months imprisonment and/or $1,000-$100,000 in fines
• $5,000-$20,000 — Class 5 felony punishable with one to three years imprisonment and $1,000-$100,000 in fines
• $20,000-$100,000 — Class 4 felony punishable with two to six years imprisonment and $2,000-$500,000 in fines
• $100,000-$1,000,000 — Class 3 felony punishable with four to 12 years imprisonment and $3,000-$750,000 in fines
• Over $1,000,000 — Class 2 felony punishable with eight to 24 years imprisonment and $5,000-$1,000,000 in fines

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

Related Resources

Learn more about vandalism and Colorado vandalism laws:

• Vandalism
• Property Crimes
• Colorado Criminal Laws

Get Legal Advice From a Colorado Criminal Defense Lawyer

Colorado takes vandalism and criminal mischief seriously. If you're facing vandalism charges, contact an experienced Colorado criminal defense attorney immediately.