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 Kentucky, vandalism is typically addressed under the statutes related to criminal mischief. Kentucky law defines criminal mischief as intentionally or wantonly damaging, defacing, destroying, or tampering with any property belonging to someone else. The severity of the charges can range from a misdemeanor to a felony, depending on the extent of the damage and the value of the property affected. For example, first-degree criminal mischief, which is a Class D felony, involves causing damage to property that results in a financial loss of $1,000 or more, or causing damage to a motor vehicle that results in a risk of death or physical injury to another person. Lesser degrees of criminal mischief involve smaller amounts of damage or involve creating a substantial inconvenience to others, and these are classified as misdemeanors. Additionally, Kentucky law specifically addresses the defacement of public and private property through graffiti, which can also lead to criminal mischief charges. Tampering with public utilities like water, gas, power, or communications systems can result in more serious charges due to the potential for widespread harm and disruption of services.