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 Georgia, vandalism is addressed under the terms of criminal damage to property and criminal trespass. Georgia law distinguishes between first degree and second degree criminal damage to property. First degree criminal damage (O.C.G.A. § 16-7-22) involves knowingly and without authority interfering with any property in a manner so as to endanger human life, or knowingly and without consent, causing damage to property of another person which damage is valued at $500.00 or more. Second degree criminal damage (O.C.G.A. § 16-7-23) involves intentionally damaging any property of another without consent and the damage thereto is $500.00 or less, or recklessly or intentionally, by means of fire or explosive, damaging property of another. Criminal trespass (O.C.G.A. § 16-7-21) occurs when a person knowingly and maliciously interferes with the possession or use of the property of another without consent. This can include defacing, mutilating, or defiling any grave marker, monument, or memorial to one or more deceased persons who served in the military. Penalties for vandalism in Georgia can range from fines to imprisonment, depending on the severity of the damage and the value of the property involved.