Vandalism is generally the damage, destruction, defacing, or alteration of tangible public or private property, done with criminal intent (intentionally or knowingly). Vandalism charges often arise from (1) damage to a home or dwelling; (2) damage to a place of business; (3) damage to a motor vehicle; (4) damage to a school; (5) defacement or destruction of public or private property (graffiti, etc.); or (6) tampering with public water, gas, power, or communications.
Vandalism is sometimes classified as criminal mischief or reckless damage or destruction of property under state laws. These laws vary from state to state and are generally located in a state’s statutes—usually in the penal or criminal code.
In California, vandalism is addressed under California Penal Code 594, which defines vandalism as maliciously defacing with graffiti or other inscribed material, damaging, or destroying someone else's property. Vandalism can be charged as either a misdemeanor or a felony, depending on the extent of the damage and the defendant's criminal history. If the damage is $400 or more, the offense can be charged as a felony, potentially leading to more severe penalties, including higher fines and longer jail sentences. For damages less than $400, it is generally treated as a misdemeanor. Penalties for vandalism in California can include fines, jail time, community service, and a driver's license suspension if the individual is a minor. Additionally, the court may order the defendant to clean up, repair, or replace the damaged property. California law also specifically addresses vandalism to places of worship and vandalism that is hate-motivated, which can result in enhanced penalties.