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 Delaware, vandalism is typically addressed under the state's criminal mischief statutes. Delaware law defines criminal mischief as intentionally damaging, tampering with, or defacing someone else's property without their consent. The severity of the charges can range from a violation to a felony, depending on the extent of the damage and the cost to repair or replace the property. For example, if the damage is less than $1,000, it is usually treated as a misdemeanor, while damage that exceeds this amount may be prosecuted as a felony. Specific acts of vandalism, such as graffiti, are also subject to penalties, which may include fines, community service, and restitution to the property owner. Additionally, tampering with public utilities is a serious offense that can lead to more severe charges. It's important for individuals facing vandalism charges in Delaware to consult with an attorney to understand the specific implications of the charges and the potential defenses that may be available to them.