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Vandalism, Graffiti, Reckless Damage, & Destruction of Property

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What is it? Reckless Damage and Destruction of Property, also called Vandalism and including Graffiti, is where an individual damages or destroys another’s 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 Reckless Damage and Destruction of Property 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.

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Law Office of Robert Keates
700 Lavaca St #1400 Austin, TX 78701 URL of Map
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Law Office of Robert Keates

700 Lavaca St #1400 Austin, TX 512-800-3741
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