Vandalism, Graffiti, Reckless Damage, & Destruction of Property Arrests

What is it? Reckless Damage and Destruction of Property, also called Vandalism and including Graffiti, is where an individual damages or destroys anothers property, or covers that property with spray paint, ink, or stickers considered a form of graffiti.

What makes it illegal?  The Texas Criminal Penal Code Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION indicates a person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner. Likewise, Texas Criminal Penal Code Sec. 28.08. GRAFFITI indicates a person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings on property.

What are the Punishments? An offense under Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION is a Class C misdemeanor. An offense under Sec. 28.08. GRAFFITI is: (1) a Class B misdemeanor if the amount of pecuniary loss is less than $500; (2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500; (3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000; (4) a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000; (5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or (6) a felony of the first degree if the amount of pecuniary loss is $200,000 or more. In additional, it is a state jail felony if: (1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and (2) the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000.

Common Criminal Cases Involving Criminal Trespassing Arrests: The most common Reckless Damage and Destruction of Property, also called Vandalism and including Graffiti arrests involve an individual marking up the property of another, usually with spray paint or markers.

TEXAS PENAL CODE, TITLE 7.  Sec. 28.08. GRAFFITI, Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION.

Sec. 28.04. RECKLESS DAMAGE OR DESTRUCTION. (a) A person commits an offense if, without the effective consent of the owner, he recklessly damages or destroys property of the owner. (b) An offense under this section is a Class C misdemeanor. Sec. 28.08. GRAFFITI. (a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with: (1) paint; (2) an indelible marker; or (3) an etching or engraving device. (c) When more than one item of tangible property, belonging to one or more owners, is marked in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.

Read the Full Penal Code Section

 

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