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 York, vandalism is typically classified under the term 'criminal mischief,' which is outlined in the New York Penal Law. Criminal mischief involves intentionally damaging someone else's property, and charges can range from misdemeanors to felonies depending on the extent of the damage. For example, if the damage to property exceeds $250, it may be considered third-degree criminal mischief, which is a felony. Vandalism can also include graffiti, which is specifically addressed under New York's anti-graffiti laws. New York Penal Law also addresses the tampering with public services such as water, gas, power, or communications, which can be prosecuted under different statutes depending on the nature and severity of the act. Penalties for vandalism in New York can include fines, restitution, community service, and imprisonment. The exact charges and penalties depend on the value of the property damaged and the circumstances of the offense.