Is Property Damage a Crime?
Property crimes include several common crimes relating to the destruction of someone else’s property. Most criminal statutes define property damage as unauthorized trespassing or any activity that endangers public safety.
Learn more about the intricacies of property damage.
Understanding the Complexities of Property Damage
Criminal property damage crimes involve the risk of harm to a person’s life. On the other hand, civil property violations strictly pertain to damage done to one’s property. As you can see, property damage laws are confusing.
Read on to learn more about the different types of property damage.
Specific Types of Property Damage
Several types of violations are classified as criminal property damage. The elements of proof vary by jurisdiction, but generally, property crimes include:
Criminal Mischief: This crime factors in the cost of the damage. The prosecution must prove the defendant intended to damage property they don’t own. Punishment depends on how much damage was done to the property.
Criminal Tampering: This crime occurs when a person intentionally interrupts or damages public utility services. Examples include:
- Cutting power lines
- Blocking water supplies
- Unauthorized meddling or altering someone else’s utility services
Use or Possession of a Noxious Substance: This crime involves depositing an offensive smelling substance, such as a stink bomb, onto someone else’s property, land, or inside a building. The act must occur without the property owner’s knowledge to constitute a crime. Additionally, it must be done to interfere with the use of the property.
For instance, if someone throws a stink bomb into an office, they can be charged with a crime if it was done with the intent of disrupting a meeting.
Criminal Desecration: This crime is when someone defaces, destroys, or damages a person’s gravestone, tomb, monument, or memorial for the deceased. Furthermore, some states make it a crime to remove, break, or cut any flower, tree, plant, or decoration found within a cemetery or graveyard.
Littering: Littering is a criminal offense in most states. Additionally, it’s a federal crime to litter in nationally protected areas, such as wildlife conservations.
Penalties for Damaging Property
Property damage is usually charged under state laws as a misdemeanor or an infraction. Typically, these crimes result in fines or a short jail sentence of less than one year. Less serious offenses, such as littering, may be punished with a small fine or citation. However, significant property damage and repeat offenses can result in a felony conviction, which is a prison sentence of 16 months to three years. Furthermore, these crimes are more difficult to expunge from your record. A unique aspect of property damage crimes is the defendant must pay criminal restitution to the property’s owner.
Hudson Douglas Public Adjusters Can Help
If you’re a victim of property damage, you may be feeling vulnerable. Your insurance carrier may try to deny your claim due to occupancy or other policy requirements. Before consulting with them, you should work with a claims professional who can assist you in negotiating a vandalism or theft claim. The experts at Hudson Douglas Public Adjusters will work in your best interest, not that of your insurance company. Contact us today to get your claim quickly resolved.
