3.319 — VANDALISM

Violations of "Statute 3.319" results in a Class E Misdemeanor

(a) Definitions

Vandalism refers to the intentional destruction, defacement, or damage of property without the consent of the owner. This includes actions such as graffiti, breaking windows, damaging public or private property, or defacing structures. The key factor in vandalism is the willful intent to damage or deface property, whether for personal satisfaction, revenge, or other reasons.

(b) Elements

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

The defendant intentionally damaged or defaced property.
The property in question belonged to another person or entity.
The defendant did not have permission or legal authority to alter or damage the property.
The defendant’s actions were deliberate and not accidental, with the intent to harm, destroy, or deface the property.

(c) Defenses

Defenses against a charge of vandalism may include:

Lack of Intent: The defendant did not have the intention to damage or deface the property, and any damage was incidental or accidental.
Consent or Permission: The defendant had permission from the property owner to make changes, alterations, or artistic expressions on the property.
Mistake of Fact: The defendant reasonably believed they had the right to alter or damage the property, such as in cases where they were unaware of property ownership or were led to believe it was abandoned.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

Public Property: Vandalizing public property or structures, such as government buildings, monuments, or public transportation facilities, may lead to more severe penalties.
Previous Offenses: A history of prior vandalism or property-related offenses may lead to harsher penalties.
Hate Crimes or Discrimination: Vandalism motivated by hatred, discrimination, or prejudice towards a particular group may be treated as a more serious offense.

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Last updated 2 months ago

(a) Definitions

(b) Elements

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

The defendant intentionally damaged or defaced property.

The property in question belonged to another person or entity.

The defendant did not have permission or legal authority to alter or damage the property.

The defendant’s actions were deliberate and not accidental, with the intent to harm, destroy, or deface the property.

Defenses against a charge of vandalism may include:

Lack of Intent: The defendant did not have the intention to damage or deface the property, and any damage was incidental or accidental.

Consent or Permission: The defendant had permission from the property owner to make changes, alterations, or artistic expressions on the property.

Mistake of Fact: The defendant reasonably believed they had the right to alter or damage the property, such as in cases where they were unaware of property ownership or were led to believe it was abandoned.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

Significant Property Damage: If the vandalism caused extensive damage to property, this can increase the severity of the offense and may lead to penalties under a more serious statute, such as .

Public Property: Vandalizing public property or structures, such as government buildings, monuments, or public transportation facilities, may lead to more severe penalties.

Previous Offenses: A history of prior vandalism or property-related offenses may lead to harsher penalties.

Hate Crimes or Discrimination: Vandalism motivated by hatred, discrimination, or prejudice towards a particular group may be treated as a more serious offense.