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 North Carolina, vandalism is addressed under the state's criminal statutes, specifically in the terms of injury to real or personal property. According to North Carolina General Statutes (NCGS) § 14-127, willfully and wantonly damaging, injuring, or destroying any real property, or any personal property, is considered a misdemeanor. If the damage is valued at $200 or less, it is a Class 3 misdemeanor. If the damage is more than $200, it is a Class 1 misdemeanor. Additionally, NCGS § 14-132 covers disorderly conduct in and injuries to public buildings and facilities, which includes vandalism to such properties. For more severe cases, such as those involving the use of explosive or incendiary devices or substances, the charges can escalate to a felony under NCGS § 14-49 and § 14-49.1. Vandalism involving graffiti is specifically addressed under NCGS § 14-127.1, which can result in a Class 1 misdemeanor for first-time offenders and higher penalties for subsequent offenses. It's important to note that the intent behind the act is a critical factor in vandalism charges, and the penalties can vary based on the extent of the damage and the specific circumstances of the offense.