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 South Dakota, vandalism is addressed under the state's criminal statutes, specifically under the terms of 'criminal mischief.' According to South Dakota Codified Laws (SDCL), criminal mischief includes willful damage, destruction, defacement, or alteration of property. The severity of the charges can range from a misdemeanor to a felony, depending on factors such as the extent of damage and the value of the property affected. For instance, if the damage is relatively minor, the offense may be treated as a misdemeanor. However, if the damage is significant or the property is of substantial value, felony charges could apply. Vandalism can encompass damage to homes, businesses, vehicles, schools, and public or private property, including graffiti. Additionally, tampering with public utilities is also considered a serious offense and can lead to severe penalties. The intent behind the act—whether it was done intentionally or knowingly—is a critical element in establishing the criminality of the act. Penalties for vandalism in South Dakota can include fines, restitution, community service, probation, and even imprisonment, depending on the severity of the offense and the defendant's criminal history.