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 Illinois, vandalism is typically referred to as criminal damage to property and is covered under the Illinois Criminal Code of 2012. The law considers it a crime to knowingly damage any property of another, to damage property with the intent to defraud an insurer, or to recklessly by means of fire or explosive damage property of another. Vandalism can also include knowingly starting a fire on someone else's land, or knowingly injuring a domestic animal of another without consent. The severity of the charges can range from a Class A misdemeanor to a Class 1 felony, depending on factors such as the value of the property damaged, the use of explosives or fire, and whether the property damaged is a school, place of worship, or farm equipment. For example, damage to property not exceeding $500 is generally a Class A misdemeanor, while damage exceeding $100,000 can be a Class 1 felony. Additionally, Illinois law specifically addresses vandalism to government-supported property, which can carry enhanced penalties. Graffiti is also separately addressed and is considered a form of vandalism under Illinois law, with penalties that may include fines and community service.