Penalties for Destruction of Property in Utah

Sometimes a simple point of conflict can spiral out of control and result in purposefully or accidentally breaking a possession. When an unfortunate event like this occurs, it is a crime in Utah called “destruction of property,” and it can result in bigger consequences than you may realize. 

Depending on the situation, you may face misdemeanor or even felony charges, which may result in hefty fines and possible time behind bars.

Here’s a breakdown of how the law determines the severity of the crime, what can make the penalties even worse, and what you should do if you’re charged.

What Constitutes Destruction of Property in Utah

In Utah, the legal definition is in a law called “property damage or destruction.” At the most basic levels, it includes two different scenarios:

• You damage or destroy your own property because you intend to defraud an insurer.
• You intentionally destroy, deface, or destroy someone else’s property.

The important thing to remember is that this is about intention. If your attorney can prove that you never meant to do any kind of damage, you may not have to face the consequences that come with it. However, if the damage came as the result of doing another crime — such as assault — then you might still face the penalties associated with that crime.

This particular law also specifically excludes arson and criminal mischief in its criteria. We’ll get to those crimes later.

Criminal Penalties Based on Damage

The severity of the charge you can face for destruction of property in Utah completely depends on how much damage you caused:

• $5,000 and above is a second-degree felony. A second degree felony may be punished with one-to-fifteen years in prison and a possible fine of up to $10,000.
• $1,500 to $5,000 is a third-degree felony. A third degree felony may be punished with up to five years in prison and a possible fine of up to $5,000.
• $500 to $1,500 is a class A misdemeanor. A class A misdemeanor carries a maximum penalty of 364 days in jail and a possible fine of up to $2,500 
• Less than $500 is a class B misdemeanor. A class B misdemeanor carries a maximum penalty of up to six months in jail and a possible fine of up to $1,000.

Other Types of Property Damage

The crime we discussed above is under an entire section of the Utah Code entitled Property Destruction. Here are some other crimes that are included in it:

Arson

Arson has almost the same definition as property damage or destruction, but has the added element of fire and explosives. If you use either to damage someone else’s property — or you’re trying to defraud an insurer by destroying your own property — then you can be charged with arson.

The severity of charges for arson is based on damages, and it’s the exact same list as property damage or destruction. However, there is a little more to it. If you have been convicted of arson, or aggravated arson, within the past ten years, or if someone else suffered significant bodily damage as a result of the crime, you may face more severe charges. For damages of $500 to $5,000, your charge increases one level. For example, if you did $1,000 in damage, that’s usually a class A misdemeanor, but it becomes a third-degree felony. The charge for $5,000 and above is always a second-degree felony.

With arson, it’s still all about intent. If you leave a fire ablaze without extinguishing it, you can get charged with abandonment of a fire, which is at most a class A misdemeanor, and that’s only if the damage is more than $1,000 in value. If the resulting fire causes less than $1,000 of damage, it’s a class B misdemeanor. If there’s no damage at all, you can still get charged with a class C misdemeanor. 

Criminal Mischief

Criminal mischief is when you tamper with someone else’s property, and that leads to endangerment of some kind. The degree of danger determines the penalty for criminal mischief:

• Second degree felony if your actions recklessly cause or threaten “a substantial interruption or impairment to any critical infrastructure.” That critical infrastructure includes things like railroads, airports, public health facilities, and more. 
• Class A misdemeanor if your actions recklessly endanger human life.
• Class B misdemeanor if your actions recklessly endanger human health and safety.

It also includes shooting or propelling an object at a mode of transportation including a motor vehicle, boat, and bus among other things. This can happen whether the vehicle is moving or standing still. The penalty depends on the amount of damage that was caused, and it’s the same tier list as that of basic destruction of property.

Defacement by Graffiti

Defacement by graffiti is exactly what it sounds like. It’s when you damage or deface someone else’s property by putting graffiti on it without the owner’s permission. The penalties also have to do with the amount of damage that you cause, and it’s the same list as destruction of property with one exception. The least amount to get a class A felony is $300 and not $500.

Wanton Destruction of Livestock

Another aspect of property destruction under Utah law has to do with livestock like cattle, sheep, and goats. If you intentionally injure, physically alter, release, or kill someone else’s livestock without their permission, you can be charged with wanton destruction of livestock.

The penalties are also in a tiered system, but the threshold is less than any of the other crimes discussed so far:

• $5,000 and above is a second-degree felony.
• $750 to $5,000 is a first-degree felony.
• $250 to $750 is a class A misdemeanor.
• $250 or less is a class B misdemeanor.

Aggravating Factors That Can Increase Your Penalties

In Utah law, “aggravated” crimes involve more severe circumstances, leading to harsher penalties. While there is no such thing as “aggravated destruction of property” under Utah law, some of the crimes we discussed above do have a more extreme version:

• Aggravated arson is the more extreme version of arson. This is where you commit arson on a habitable structure — such as a house — or a structure or vehicle that someone is inside of. 
• Causing a catastrophe is the more extreme version of destruction of property. This is where you cause widespread injury or damage using a weapon of mass destruction or another destructive force like fire, flood, or avalanche. 
• Destruction or tampering with a critical infrastructure facility is the more extreme version of criminal mischief. This is where you substantially damage or tamper with a critical infrastructure facility. 

Each of those crimes can land you with a first-degree felony. This means prison time of five years to life and fines of up to $10,000.

What To Do If You’re Accused of Destruction of Property

If you’re charged with any of the crimes we discussed, the first thing you’re going to want to do is find a lawyer. While law enforcement may seem cooperative, their job is to build a case against you. That’s why it’s crucial to consult an attorney before answering any questions.

A skilled attorney understands the ins-and-outs of the law, and they’ll work hard to make sure you get the best outcome possible. You’ll want one who has experience defending people for the type of crime you’re accused of. 

For destruction of property, you’ll find that with Kristin Wilson, Michael Holje, Staci Visser, Ann Taliaferro, and Mark Moffat. They are all brilliant attorneys who have been defending people just like you for years. They’d be happy to help you out!

Click here for a free consultation.