Vandalism: Crimes and Penalties

The term "vandalism" describes conduct that defaces or damages public or private property. Laws that prohibit vandalism might reference terms such as unlawful graffiti, criminal property damage, or criminal or malicious mischief.

This article discusses vandalism charges against adults. Minors should check out our article on Juvenile Vandalism.

What Is Vandalism?

Vandalism is the willful or intentional destruction or damage to property in a manner that defaces, mars, or otherwise adds a physical blemish that diminishes the property's value. For example, if you put bumper stickers on a person's car or spray-paint your name on someone's fence, this is vandalism.

Vandalism can also cover such offenses as:

• carving your initials into public park trees or public benches
• writing your name on a store window with a marker
• "keying" a car or puncturing its tires
• breaking a building's windows, and
• knocking over grave markers.

Most vandalism offenses fall under local ordinances or state criminal laws.

What Are the Elements of a Vandalism Offense?

Vandalism, like every crime, is made up of different parts, known as elements. To be convicted of vandalism, the prosecutor must prove that you have committed each of these elements. Let's look at the different elements of vandalism.

Physical damage. Vandalism covers such acts as graffiti, "tagging," carving, etching, and other forms of damage that, though often permanent, are not so serious that they destroy the property or prevent it from functioning properly. Placing stickers, posters, signs, or other markers on property can also constitute physical damage.

Owned by someone else. The property you damage must be owned or possessed by someone else, and you must damage it against the owner's wishes. You cannot, for example, commit vandalism by covering your own fence in graffiti or by adding bumper stickers to a car after receiving permission from the owner.

Intentional acts. You cannot accidentally commit vandalism. For example, if you're painting your house and accidentally spill some paint on your neighbor's fence, you have not vandalized the property. (However, you'd still be legally obligated to pay for repairs to the fence.) To commit the crime of vandalism, you must damage the property on purpose.

What Are the Penalties for Vandalism?

In general, vandalism is not a serious crime unless the property destroyed is worth a lot of money. Many acts of vandalism are misdemeanors, meaning the maximum penalties include fines and up to a year in the local jail. However, vandalism that results in serious damage to valuable property is a felony. Defendants charged with a felony can face more than a year in state prison and significant fines.

Amount of Damage: Misdemeanor vs. Felony

Many states categorize damage to property worth less than $1,000 as a misdemeanor, while anything worth $1,000 or more is a felony. This amount can differ among states or depending on the type of property. For example, some states set a $500 limit to misdemeanors but consider any damage to a motor vehicle a felony.

Jail, Fines, and Probation

Each state has its own set of penalties that cover vandalism. Here are the most commonly encountered punishments.

Jail. A jail sentence for vandalism can range from a few days in jail to several years in prison, depending on the amount of damage done. If you have a previous conviction for vandalism or have a criminal record for any other offenses, you may face increased jail penalties.

Fines. Fines for vandalism differ widely by state as well, ranging from several hundred dollars to up to $25,000 or more for the most serious offenses. You pay these fines directly to the court.

Probation. A court can also sentence you to probation instead of, or in addition to, your jail sentence and fines. For example, a court may sentence a first-time offender who commits misdemeanor vandalism to probation instead of jail time. If you violate any of the rules or conditions that come with probation, the court may order you to serve the original jail sentence.

Restitution and Community Service

On top of possible jail time, probation, and fines, judges will almost always order a defendant to pay restitution in a vandalism case. Restitution pays back the property owner for the damage done. A judge might also order a defendant to perform community service, especially if they vandalized public property. Part of that community service could involve repairing any damage caused by the vandalism.

Getting Legal Help

If you've been charged with the crime of vandalism, consider consulting with a criminal defense attorney or asking for a public defender. Vandalism charges might seem minor, but the consequences of even a misdemeanor conviction can add up—jail time, payments for fines and restitution, and a criminal record. An attorney might know of sentencing alternatives or diversion programs that can mitigate these consequences.