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 Florida, vandalism is typically referred to as 'criminal mischief' under Florida Statute 806.13. The law defines criminal mischief as the willful and malicious damage to the property of another, which can include acts of vandalism such as graffiti, defacement, or destruction of any property including homes, businesses, vehicles, schools, and public or private property. The severity of the charges and the penalties imposed depend on the extent of the damage. If the damage is $200 or less, it is considered a second-degree misdemeanor; if the damage is more than $200 but less than $1,000, it is a first-degree misdemeanor; and if the damage is $1,000 or more, or if there is interruption or impairment of a business operation or public communication, transportation, water, gas, or power supply, the offense is a third-degree felony. Additionally, if the individual has a prior conviction for criminal mischief, the charge may be elevated to a third-degree felony, regardless of the damage amount. Penalties can include fines, restitution, community service, probation, and imprisonment.