Vandalism

This article covers how juvenile courts treat vandalism crimes, including the types and severity of vandalism, the legal proof required to convict, and the range of penalties for those convicted.

We will also look at “graffiti” as a form of vandalism, its history as an expression of social speech, and how prosecutors use their discretionary powers in enforcing graffiti laws.

Juvenile Vandalism

States do not have separate laws on juvenile vandalism. Instead, the crime of vandalism applies to all ages so long as the offender had the specific intent to damage or deface the property of another.

One of the most common crimes juveniles commit is vandalism.

Vandalism Defined

Vandalism is legally defined as intentionally altering, damaging, or defacing private or public property.

While the legal definition is specific enough, in truth, not all vandalism is considered criminal. This is because damage or destruction of property covers a wide range of behavior, including:

• Tagging a public doorway with red paint
• Breaking window
• Puncturing someone’s car tires
• Scratching the paint off a new vehicle
• Trash dumping
• Sign damage or theft
• Billboard defacing
• Painting a mural on the side of a building

Proving the Crime of Vandalism

Specific Intent Required

To prove the crime of vandalism, the prosecutor must establish that the accused specifically intended to damage, alter or otherwise deface another person’s property.

Since vandalism is a specific intent crime, if the defendant successfully proves that the damage to the property was accidental, this fact would be a complete defense against vandalism, even if the accused was entirely at fault for the damage.

States Attempts To Define Vandalism

State laws vary widely from jurisdiction to jurisdiction, so some states have needed help to agree on a standard definition for the crime.

Most states define the crime of vandalism as the unlawful destruction of property. Other states have terms like malicious trespass and criminal defacement of property.

Juvenile Penalties For Vandalism

•  Fines: Juvenile Courts are authorized to impose various monetary penalties resulting from vandalism. The cost of fines is usually based on the extent of damage caused by the offender’s vandalism, measured by the cost of repair or replacement of the property.
• Diversion: Depending on the severity of the vandalism, the presence of aggravating or mitigating factors, and whether the offender has a criminal history, the court may allow the juvenile to enter a diversion program. Diversion is similar to probation, and if the terms of the diversion program are satisfactorily completed, the prosecutor will dismiss all charges.
• Detention: The judge can order the minor to a juvenile detention center depending on the juvenile’s criminal history and the severity of the crime. The court has the discretion to order the length or term of detention and whether the confinement is continuous or partial such as weekend stays.
• Restitution: Penalties for vandalism usually result in the judge ordering the minor to pay restitution to the victim. In states with parental liability laws, if the child cannot pay, the court will order the parent to pay the fines and restitution to the property owner.
• Probation:  Probation is a list of mandatory conditions that must be fully complied with, and the offender must show proof of its completion. Juvenile probation can be as short as six months to a year or more, depending on the damage caused to the property, criminal history, aggravating and mitigating circumstances, and the minor’s age. Common examples of probation include:
  • Remaining in school
  • Attending sessions with the social worker,
  • Not violating any laws
  • Should the minor violate the terms or conditions of their probation, the court will impose harsher penalties, including detention.

When The Vandalism Is Graffiti

Prosecutorial Discretion

While vandalism by graffiti has long been considered a nonviolent crime, prosecutors must rely on their discretion when making criminal charging decisions.

Many states have encouraged their prosecutors to plea-bargain the offense down to a public nuisance or offer diversion depending on whether the accused has a criminal history and the nature and extent of the damage caused by the accused.

Graffiti – Crime or Art

History of Graffiti

The term graffiti was first used to describe ancient cave writings and inscriptions. These stone drawings were found in caves and ancient public walls and have since come to possess historical value.

Social and Political Expression

Graffiti was a form of artistic and political expression in the civil rights movements of the 1960s.

It quickly became a pop phenomenon and an important visual expression of social and political protest.

Large and colorful murals were frequently discovered in neighborhoods across America.

Graffiti Became a Form of Speech

The 1960s cinematic classic West Side Story penetrated the nation’s collective culture and psyche of young people.

The film’s colorful visual and musical message, seen through the lens of powerful cinema, gave birth to a whole new form of visual expression and political dissent.

The film’s stunning array of pastel-colored graffiti against the backdrop of a hostile and culturally diverse New York City neighborhood represented the clash in values and culture that defined this period in American history.

Almost overnight, graffiti-based vandalism was not only a crime but also a form of political speech.

Proposed Defense of Graffiti as Protected Speech

Other than establishing that the accused was not the perpetrator of the crime and it is a case of mistaken identity, the accused could now claim there was no specific intent of damaging or destroying property.

Instead, the defendants tried to argue that their graffiti was a form of social and political free speech protected by the Constitution’s First Amendment.

Speech or Vandalism?

The High Court Decided It Was Vandalism

While individual property rights were being legally challenged against the first amendment right of political speech, the courts held, as expected, that free speech could not prevail over the property owner’s right to be protected against their property being vandalized.

A recent 2019 Law Review Article entitled “Graffiti, Speech, and Crime” argued that graffiti was at a constitutional intersection between vandalism and free speech.

Constitutional Principles

Our legal history and the legal scholars who have given voice to constitutional principles have long asserted that political speech must be vigorously protected and that it should not matter whether it was expressed in a book or a piece of music.

But does the protection extend to the side of a building that someone else owns?

It’s hard to imagine arguing that the artist has a first amendment right to paint a political message on the side of someone else’s building without the owner’s consent.

Notwithstanding, the author points out that the focus on property damage precludes free speech defenses that might otherwise be available to other forms of prohibited speech – such as hate speech.

First Amendment Speech

There is a nexus between first amendment protected speech and criminal law. A relationship, the author argues, is worthy of further legislative debate. Especially as it relates to the issue of whether there should be some form of mitigating defense worked into today’s vandalism punishment statutes, as it relates to protected speech, so as not to deny the constitutional value of such speech.

Consult A Juvenile Defense Lawyer

Should you have specific questions or require additional information about your legal rights, or that of your child, we recommend you consult with a verified Juvenile Defense attorney as soon as possible.