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 Oregon, vandalism is typically referred to as 'criminal mischief' and is codified under Oregon Revised Statutes (ORS) 164.345 to 164.365. The law categorizes criminal mischief into different degrees based on the severity of the damage and the value of the property affected. Criminal Mischief in the Third Degree (ORS 164.345) involves tampering with property or causing inconvenience to others and is considered a Class C misdemeanor. Criminal Mischief in the Second Degree (ORS 164.354) involves damaging or destroying property and is a Class A misdemeanor. The most serious, Criminal Mischief in the First Degree (ORS 164.365), applies when the damage exceeds $1,000, is intended to cause substantial inconvenience, or if the act creates a risk of physical injury to others, and is classified as a Class C felony. Vandalism charges can arise from damage to homes, businesses, vehicles, schools, and public or private property, including graffiti and tampering with utilities. The intent behind the act is a crucial element, as the perpetrator must have acted either intentionally or knowingly to be charged with criminal mischief.