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 Kansas, vandalism is typically referred to as 'criminal damage to property' and is covered under Kansas Statutes Annotated (K.S.A.) 21-5813. The law defines criminal damage to property as the willful, malicious, or intentional injuring, damaging, mutilating, defacing, destroying, or substantially impairing the use of any property without the consent of the owner. The severity of the charges can range from a Class B misdemeanor to a severity level 7, person felony, depending on factors such as the extent of the damage, the value of the property damaged, and whether the act endangered human life. For example, if the damage is less than $1,000, it is typically a Class B misdemeanor, but if the damage is $25,000 or more, or if the act can cause a substantial risk to human life, it is considered a felony. Vandalism involving graffiti, damage to a motor vehicle, or tampering with utilities can also fall under this statute, with penalties varying based on the specific circumstances and the amount of damage caused.