Tennessee Criminal Lawyer Blog

Damage to personal property is often thought of as a cause of action in civil litigation. If someone destroys property, they should have to pay for it. But what about the criminal side of it? Can criminal sanctions be brought against someone who destroys property? Under certain conditions: yes. TCA § 39-14-408 lays out the standards for criminal vandalism.

Under TCA § 39-14-408, a person may be charged with criminal vandalism if they knowingly or intentionally damage the personal or real property of another. “Another” can mean a private individual, the state, the United States, or a city or town. The person against whom the vandalism occurs in not important; the important factor in vandalism cases is that this destruction takes place when the accused knows that they do not have the owner’s effective consent to damage or destroy the property. Therefore, negligent or reckless damage to the property of another will likely not rise to the level of vandalism. The statute is clear that the accused must either knowingly or intentionally caused the damage without the owner’s consent.

The damage caused may include destroying, polluting, or contaminating property, or tampering with the property in such a way as to cause pecuniary loss or substantial inconvenience to the owner or a third party.

Often times, vandalism charges may be compounded with a number of other charges, including trespass and burglary. The trespass and burglary charges in Tennessee will relate to the entry on the property, while the vandalism charge will relate to the actual damage caused.

If convicted of vandalism, the punishment is the same as that for theft (TCA § 39-14-105). If the value of the damage is less than $500, it will be a Class A misdemeanor; $500-$1,000 is a Class E felony; $1,000-$10,000 is a Class D felony; $10,000-$60,000 is a Class C felony; and more than $60,000 is a class B felony.

If you are facing any of the charges mentioned above, then it may be in your best interest to contact a skilled Pigeon Forge criminal defense attorney. Call Baker Associates today for a free evaluation.