Posted On: March 31, 2008 by Baker Associates

Vandalism under Tennessee Law

a href="http://www.joebakerlaw.com/">Tennessee Criminal Lawyers understand the impact that a vandalism charge can have on your life. It is important to realize that the facts of every vandalism case are different. Our Tennessee Attorneys handle vandalism charges in the Gatlinburg, Sevierville, Pigeon Forge, and Knoxville area. An individual charged with vandalism should contact a Tennessee Criminal Lawyer as quickly as possible in order to maximize legal avenues for the best possible resolution.

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Under Tennessee law, any person who knowingly causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent is guilty of vandalism.

"Damage" includes, but is not limited to:

• Destroying, polluting or contaminating property; or
• Tampering with property and causing pecuniary loss or substantial inconvenience to the owner or a third person; and

"Polluting" is the contamination by manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of the atmosphere, water, or soil to the material injury of the right of another. Pollutants include dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste. Tenn. Code Ann. § 39 -14-408 (2007).

The amount of damage sustained to the property determines what type of punishment one might receive under a vandalism charge in Tennessee. Generally, the types of punishment are based on the following:

• A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less;
• A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
• A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
• A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); and
• A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more. Tenn. Code Ann. § 39-14-105 (2007).

If you are facing a criminal charge in Tennessee, it’s important for you to understand the long-term implications of a conviction. A Tennessee attorney can help you deal with your legal options and bring your situation to the best resolution possible for you and your family.

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