3.313 — DESTRUCTION OF PROPERTY

Violations of "Statute 3.313" results in a Class C Misdemeanor or Class C Felony

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(a) Definitions

"Destruction of Property" refers to the intentional or reckless damage, defacement, or destruction of another person’s property without consent.

(b) Elements

To establish the offense of destruction of property, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly or recklessly damaged, destroyed, or defaced property.

2. The property belonged to another person or entity.

3. The act was committed without the consent of the owner.

4. The damage was not accidental or due to lawful conduct.

(c) Defenses

A defendant may raise the following defenses against a charge of destruction of property:

• Lack of Intent: The damage was accidental and not caused by reckless or intentional conduct.

• Consent: The property owner permitted the defendant’s actions.

• Mistaken Ownership: The defendant reasonably believed the property was theirs to modify or destroy.

• Necessity: The defendant damaged the property to prevent greater harm (e.g., breaking a window to rescue a trapped person).

• Duress: The defendant was forced or coerced into committing the act.

(d) Aggravating Factors

The court may impose enhanced penalties if the destruction of property involved:

• Damage exceeding a specific monetary threshold (e.g., $5,000 or more).

• The use of explosives, fire, or hazardous materials to cause destruction.

• Targeting government, public, or critical infrastructure (e.g., police vehicles, utility systems).

• The act was committed as part of a riot, protest, or gang activity.

• The damage resulted in significant financial loss or endangered lives.

(e) Classification & Penalties

• Class C Misdemeanor: If the damage is minor or below a set monetary threshold (e.g., under $5,000).

• Class C Felony: If the damage is severe, involves aggravating factors, or exceeds a set monetary threshold (e.g., $5,000 or more).