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 New Mexico, vandalism is addressed under the state's criminal damage to property laws. These laws are found in the New Mexico Statutes Annotated (NMSA), specifically within the criminal code. Vandalism can be charged under several statutes depending on the severity and nature of the act. For instance, willful damage to property may be prosecuted under NMSA 1978, Section 30-15-1, which defines criminal damage to property. The law covers a range of acts from graffiti to the destruction of utility lines. The severity of the charges can vary from a petty misdemeanor to a fourth-degree felony, depending on factors such as the extent of damage and whether the act endangered human life. For example, defacing property with graffiti could be charged as a petty misdemeanor, while tampering with utility lines might constitute a more serious felony charge. Penalties for vandalism in New Mexico can include fines, restitution, and incarceration. It's important for individuals facing such charges to consult with an attorney to understand the specific charges and potential defenses available to them.