It’s a common misconception that going out at night to vandalize someone else’s property is a “harmless prank.”
In reality, even something as seemingly innocuous as throwing toilet paper over the trees in someone’s yard is a crime. This can lead to serious consequences, and they may get worse if you’re not being represented by a lawyer.
Here are some things to know about vandalism in Utah.
In Utah, there isn’t any one crime that is called “vandalism.” It’s not so much a legal term as it is a conversational one. Here’s what it means according to Merriam-Webster:
“Willful or malicious destruction or defacement of public or private property.”
Under Utah law, this can encompass a number of different crimes.
The crime that most people would associate with vandalism is criminal mischief. This is when you intentionally tamper with the property of someone else, and this causes some kind of danger.
The degree of that danger influences how severe the penalties are:
Let’s look deeper into the toilet paper example from above. While this might seem like a harmless prank, a prosecutor could argue that it can recklessly endanger health or human safety. Maybe it can impair visibility and someone falls down as a result. That can land you with a class B misdemeanor charge.
Another example is if you use a gun to shoot at someone’s car that’s parked in the driveway. This type of scenario is actually included in Utah code. It includes shooting or projecting any kind of object at a mode of transportation such as a vehicle, bus, train, and more. The severity of your charge depends on the amount of damage you caused, and it’s represented by this tier:
If you damage someone else’s property, and the criteria of criminal mischief or arson don’t quite cover your actions, you can be charged with “property damage or destruction.”
The severity of penalties also depends on the amount of damage you caused, and it’s the exact same tier system as the shooting aspect of criminal mischief.
You might think of graffiti as creating some kind of art on a wall using a can of spray paint. However, under Utah law, the definition is more broad than that. It’s where you put any form of the following on someone’s property without permission:
So if you see someone’s name etched on a school desk, that’s just as much a piece of graffiti as a spray painted letter on the back of a road sign, according to Utah law.
Graffiti is a form of vandalism in Utah, and it’s treated the same way as destruction of property. The severity of the charges you can face depends on the amount of money’s worth in damages you caused. It’s the exact same tier list cited above except the threshold between a misdemeanor B and A is $300, not $500.
In Utah, public lands are property that the state or federal government owns and which is mostly left in its natural state. This can include places like canyons, state and national parks, or forests. If you deface this type of property with graffiti, that is a class B misdemeanor.
The punishment for graffiti on public lands also includes mandatory community service. If it’s your first time, you’ll be facing 100 hours. If you were convicted once before, that’s 200 hours. For a third conviction, you’re looking at 300 hours of community service.
In addition, you may have to pay the amount of money it costs to remove the graffiti. However, there is an option to do it yourself at your own expense. You’ll need permission in order to do so.
Most of the above vandalism laws include some language about paying back either the property owners or the government agencies that oversee the property. The only law that doesn’t say anything about it is “property damage or destruction.”
However, that doesn’t mean that you’re exempt from restitution payments if that’s the only crime you’re convicted of. There is a separate Utah law that lets the court order restitution for any conviction.
It does give the court some leeway to not make you pay for damages. This may be applied in cases where it’s determined that there is no victim or there are victims but they’re not seeking restitution.
If you’re accused of vandalism, the consequences may go beyond criminal. A good defense attorney may be able to get you acquitted by convincing a jury that the state failed to prove that you have committed the crime. This is a big win for you because it removes a stain from your criminal record and ensures that you don’t spend any time behind bars.
However, the injured party still has the option of bringing a civil suit against you. If you lose, this can mean having to pay restitution and damages even though you were found innocent in the eyes of the law.
Because our attorneys are criminal defense lawyers, they wouldn’t be able to help you with a civil case. However, we would be able to point you in the right direction.
There are a couple of approaches that a criminal defense attorney can take when it comes to vandalism in Utah.
You have the right to a fair trial in the state of Utah. This means that your lawyer presents evidence in front of either a judge or jury to show that you are innocent.
This can mean that you weren’t even close to committing the crime. Maybe you have witnesses who can prove that you were somewhere else. It can also mean that you were there, but the circumstances surrounding the incident don’t amount to criminal activity.
For example, let’s take a look at property damage or destruction. In order to get convicted of that, you have to have done it intentionally. If your lawyer can prove to a judge or jury that it was all accidental, that is one way to get acquitted.
Let’s say you did commit the crime, and you want to take accountability. That is a completely reasonable thing to do, and a lot of people end up going that route.
You’d still want an attorney to help you out. The reason for this is you’re negotiating with a prosecutor, who isn’t concerned about what happens to you. Their job is to make sure justice is served. The job of a defense attorney — on the other hand — is to fight for you to get the best outcome possible.
You’ll want to hire an attorney who has a lot of experience with your case. For vandalism, you’ll find that with Kristin Wilson, Michael Holje, Staci Visser, Ann Taliaferro, and Mark Moffat.
Each of those attorneys has been handling vandalism cases for years. They would love to help you out.
Click here for a free consultation.
