3.314 — DESTRUCTION OF GOVERNMENT PROPERTY

Violations of "Statute 3.314" results in a Class B Misdemeanor or Class B/E Felony

(a) Definitions

"Destruction of Government Property" refers to the intentional or reckless damage, defacement, or destruction of property owned, leased, or maintained by a government entity, including federal, state, and municipal property.

(b) Elements

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

The defendant knowingly or recklessly damaged, destroyed, or defaced property.
The property was owned, leased, or maintained by a government agency or public entity.
The act was committed without legal justification or consent.
The damage was not accidental and resulted in financial loss or functional impairment of the property.

(c) Defenses

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

Lack of Intent: The damage was accidental and not the result of reckless or intentional conduct.
Lawful Authority: The defendant had legal permission to modify, repair, or alter the property.
Necessity: The property was damaged to prevent greater harm (e.g., breaking a government vehicle’s window to rescue someone).
Duress: The defendant was forced or coerced into committing the act.
Mistaken Ownership: The defendant reasonably believed the property was not government-owned.

(d) Aggravating Factors

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

Damage exceeding a specific monetary threshold (e.g., $10,000 or more).
Intentional targeting of law enforcement, emergency services, or military property (e.g., patrol vehicles, government buildings).
Destruction of critical infrastructure, such as transportation systems, utilities, or communication networks.
Acts committed during riots, protests, or organized criminal activity.
Use of explosives, fire, or hazardous materials to cause destruction.
Endangerment of public safety, such as damaging traffic signals, emergency equipment, or security systems.

(e) Classification & Penalties

Class B Misdemeanor: If the damage is less than $5,000 and does not involve aggravating factors.
Class E Felony: If the damage exceeds $5,000, disrupts government functions, or involves aggravating factors.
Class B Felony: If the act endangers lives, disrupts critical infrastructure, or involves explosives, arson, or hazardous materials.

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(b) Elements

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

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

The property was owned, leased, or maintained by a government agency or public entity.

The act was committed without legal justification or consent.

The damage was not accidental and resulted in financial loss or functional impairment of the property.

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

Lack of Intent: The damage was accidental and not the result of reckless or intentional conduct.

Lawful Authority: The defendant had legal permission to modify, repair, or alter the property.

Necessity: The property was damaged to prevent greater harm (e.g., breaking a government vehicle’s window to rescue someone).

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

Mistaken Ownership: The defendant reasonably believed the property was not government-owned.

(d) Aggravating Factors

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

Damage exceeding a specific monetary threshold (e.g., $10,000 or more).

Intentional targeting of law enforcement, emergency services, or military property (e.g., patrol vehicles, government buildings).

Destruction of critical infrastructure, such as transportation systems, utilities, or communication networks.

Acts committed during riots, protests, or organized criminal activity.

Use of explosives, fire, or hazardous materials to cause destruction.

Endangerment of public safety, such as damaging traffic signals, emergency equipment, or security systems.

(e) Classification & Penalties

Class B Misdemeanor: If the damage is less than $5,000 and does not involve aggravating factors.

Class E Felony: If the damage exceeds $5,000, disrupts government functions, or involves aggravating factors.

Class B Felony: If the act endangers lives, disrupts critical infrastructure, or involves explosives, arson, or hazardous materials.