Crimes and Punishments, Q&A

What if I damage someone else′s property?

09.07.07 | 1 Comment

If you damage property, it makes little difference whether it was a car, home, school, or business. And it doesn′t matter whether the act was intentional or not. The issue becomes one of accountability and restitution. If the act is intentional or malicious, it′s called vandalism, which is a misdemeanor or a felony, depending on the amount of damage. Otherwise, it′s called criminal damage.

In 2003, 107,700 juveniles were arrested for vandalism. But most cases of property damage are accidental or careless. Some states set a limit on how much your parents have to pay for your acts of property damage, but it may be as high as $10,000. Other states have no limit, which means that you and your parents are responsible for paying for all damages.

Defacing property means marking, scratching, or painting (tagging) property that doesn′t belong to you without the owner′s permission. For example, if you spray-paint graffiti on your neighbor′s car or fence, you′ve broken the law and are responsible for the repairs. Some cities are putting taggers to work removing or painting over graffiti.

States with major graffiti problems have passed laws that have serious penalties. In California, a second offense carries a $1,000 fine and six months in jail. If the child is unable to pay the fine, his or her parents are responsible. Texas has a similar statute. Rhode Island limits the use and possession of spray paint to those over eighteen, unless approved by the parents. Graffiti artists in Florida may lose their driver′s license for up to one year.

On the lighter side, not all graffiti is bad. In February, 2008 the National Portrait Gallery in Washington, D.C. put on display four 20-foot-long graffiti murals as part of the Smithsonian’s “Recognize! Hip Hop and Contemporary Portraiture” show. The underground street art of well-known taggers, Tim “Con” Conlon and Dave “Arek” Hupp exemplifies graffiti’s influence on modern art and that cultural expression doesn’t always have to conform to conventional norms. 

1 Comment subscribe to these comments.

  • ernesto Fri, 18 Jan 2008 at 04:45

    Someone purposedly damaged my property(motorcycle) (no other vehicle was involved). The motorcycle was deemed a total loss because the repairs were more than the bike. If the insurance pays for the motorcycle (minus my deductible), can I still sue the person for all the damages, or can I only sue the person for my deductible. If the insurance does not pay the KBB [Kelly Blue Book] value of the motorcycle, can I also sue the person for the difference.

    Hello, Ernesto. Under the laws of most states, as a victim of a property crime, which this is, you have a right to be made whole — that means to be put back into the position you were in before your motorcycle was damaged. You may seek recovery of all out-of-pocket exoenses, including the deductible, that’s needed to either fix the bike or replace it with a similar model. Check the laws of your state to see what court you file the lawsuit if necessary. Try reaching an agreement first, though, before going to court. Maybe you can negotiate a figure that satisfies both of you. Good luck. –ATJ.info.


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