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 West Virginia, vandalism is addressed under the state's criminal laws, specifically as criminal mischief, which is found in the West Virginia Code. Criminal mischief involves the willful, malicious, or unlawful injury or destruction of property and is considered a misdemeanor or felony depending on the extent of the damage. The severity of the charges can range from a misdemeanor for minor damage to a felony for more significant damage, especially if the cost of the damage exceeds a certain monetary threshold. Vandalism can include damage to homes, businesses, vehicles, schools, and public or private property, such as through graffiti or tampering with utilities. Penalties for vandalism in West Virginia may include fines, restitution to the property owner, community service, and imprisonment. The specific statute to refer to for vandalism in West Virginia is West Virginia Code §61-3-30, which outlines the penalties and definitions related to the destruction of property.