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 Nebraska, vandalism is typically referred to as criminal mischief under state law, as outlined in the Nebraska Revised Statutes. Criminal mischief occurs when someone intentionally or knowingly damages, destroys, defaces, or alters property without the owner's consent. The severity of the charges and the penalties imposed depend on the extent of the damage and the value of the property affected. Criminal mischief can be prosecuted as a misdemeanor or a felony, with more severe penalties for higher property value damage or if the act presents a danger to public health or safety. Specific acts of vandalism, such as graffiti, may also be subject to additional local ordinances. It is important for individuals facing such charges to consult with an attorney to understand the specific implications of the charges they are facing and the potential defenses that may be available to them.