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 Massachusetts, vandalism is addressed under the Massachusetts General Laws Chapter 266, which covers crimes against property. Vandalism is often referred to as 'malicious destruction of property' in Massachusetts. The law states that anyone who willfully, intentionally, and without right, or wantonly and without cause, destroys or damages the personal property of another, can be charged with this offense. This includes damage to homes, businesses, motor vehicles, schools, and public or private property. 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 involved. Penalties may include fines, imprisonment, or both. Additionally, if the vandalism involves tagging or graffiti, there may be specific ordinances addressing these acts, potentially requiring offenders to remove the graffiti at their own expense or face additional penalties. It's important to note that intent plays a crucial role in vandalism charges; the act must be done intentionally or knowingly to be considered a crime under Massachusetts law.