What is Vandalism?
Vandalism is a catch-all term for the crime of willfully destroying or damaging property by defacing, marring, or otherwise causing flaws to someone else’s property that reduces the property’s value.
A broad range of actions falls under the veil of vandalism and they can range from the seemingly innocent actions to those that are clearly destructive. Some examples include carving initials in a tree, throwing eggs at cars, painting graffiti on a building, setting a fire, and smashing mailboxes.
Vandalism is illegal in every state but each adopts own laws determining what each type of property crime is called and how it is punished. In Texas, all forms of property damage, whether intentional or accidental, are types of property crimes under the Texas Penal Code. Underneath that umbrella, there are several specific crimes and each has its own components and punishments.
- Arson – The Texas Penal Code § 28.02 defines arson as the intentional or reckless destruction of property by fire or an explosion. Arson is punishable as a state jail felony, or a felony of the first or second degree depending on where the arson occurred and whether the damage was strictly to property or harmed a person.
- Criminal Mischief – Under Tex. Penal Code § 28.03, criminal mischief may be a Class C, B, or A misdemeanor or a state jail felony depending on the amount of loss caused. A person may commit criminal mischief if he, intentionally and without the consent of the owner, either:
- Destroys or damages the owner’s property,
- Tampers with the property in such a way as to cause loss or substantial inconvenience, or
- Mars someone else’s property with drawings, paintings, inscriptions, or other markings
- Graffiti – Under the Texas Penal Code, § 28.08, graffiti constitutes intentionally and without the consent of the owner, drawing, painting, marking, or writing on some physical property by use of paint, permanent marker, or an etching or engraving tool. Like criminal mischief, graffiti can constitute a Class B or A misdemeanor or a state jail felony depending on the amount of damage caused and where the graffiti took place.
- Reckless Damage or Destruction – Under Texas Penal Code § 28.04 Property damage that is destroyed recklessly but without the owner’s permission may constitute reckless damage or destruction, a Class C misdemeanor.
