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 Dakota, vandalism is addressed under the North Dakota Century Code (NDCC) as Criminal Mischief. According to NDCC 12.1-21-05, a person is guilty of criminal mischief if they willfully tamper with tangible property of another so as to endanger person or property, or if they willfully damage, destroy, or deface the tangible property of another. The severity of the charges can range from a Class B misdemeanor to a Class A felony, depending on the extent of the damage and the value of the property involved. This includes damage to homes, businesses, vehicles, schools, and public utilities. The act of graffiti is also covered under this statute. The intent behind the action is a crucial element, as the person must act either intentionally or recklessly in causing the damage to be charged with vandalism. Penalties can include fines, restitution, and imprisonment, with more severe penalties for higher degrees of damage or if the act causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, power, or other public services.