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 Montana, vandalism is typically referred to as criminal mischief, as outlined in the Montana Code Annotated (MCA). According to MCA Section 45-6-101, a person commits the offense of criminal mischief if they knowingly or purposely injure, damage, or destroy any property of another or public property without consent. The severity of the charges can range from a misdemeanor to a felony, depending on factors such as the value of the property damaged and whether the act presents a threat to human life. For instance, if the damage is less than $1,500, it is usually treated as a misdemeanor, while damage exceeding that amount can be charged as a felony. Additionally, Montana law addresses specific acts of vandalism such as graffiti and tampering with public utilities under separate statutes, recognizing the unique nature of these offenses. Penalties for vandalism in Montana can include fines, restitution, and imprisonment, with the potential for more severe consequences in cases involving significant damage or risk to the community.