Is vandalism a felony?

Vandalism is intentionally damaging, destroying or defacing property that belongs to someone else. Many states call it criminal mischief. California defines vandalism as maliciously defacing with graffiti, damaging or destroying property not your own.^1,2,3

Texas covers intentionally or knowingly damaging or destroying another person's tangible property without consent, tampering with it, or marking it. New York covers intentionally damaging another person's property, and recklessly damaging it in an amount over $250.

Graffiti counts. California, Texas, Florida and Pennsylvania all name graffiti or markings on someone else's property in their laws.^1,2,4,5

Texas covers making markings, including inscriptions, slogans, drawings or paintings, on another person's property. Florida's law names the placement of graffiti. Pennsylvania has a separate paragraph for graffiti made with spray paint or a broad-tipped marker, and one for paintball markers.

The same conduct goes by different names. Texas, New York, Pennsylvania, Florida and Ohio use criminal mischief. California and Ohio also use vandalism. North Carolina calls it willful and wanton injury to property, and Virginia calls it injuring property.^1,2,6,7,8

In Ohio, criminal mischief is generally the lesser offense and vandalism the more serious one, which covers serious physical harm to an occupied structure or harm to business property.

Low-value vandalism is usually a misdemeanor, or a lesser offense, in the states checked. The dollar line for a felony varies, so the same damage can be a misdemeanor in one state and a felony in another.^1,2,4,5,8

Texas grades damage under $100 as a Class C misdemeanor, $100 up to $750 as Class B, and $750 up to $2,500 as Class A. Florida grades damage of $200 or less as a second-degree misdemeanor and over $200 but under $1,000 as a first-degree misdemeanor. California punishes damage under $400 by up to a year in county jail. Pennsylvania's lowest level is a summary offense.

In New York, intentionally damaging another person's property is a class A misdemeanor at any amount. It generally becomes a felony only when the damage is over $250 and done with intent to damage property.^3,9

Recklessly damaging property is a misdemeanor only if the damage exceeds $250.

Vandalism becomes a felony when the damage passes a dollar line. The lines in our examples are over $250 in New York, $400 or more in California, $1,000 or more in Florida, Ohio and Virginia, $2,500 or more in Texas and over $5,000 in Pennsylvania.^{1,2,4,5,6,8,9}

These are the lowest felony lines for ordinary property. California's $400 line makes the offense punishable by a county jail term of up to a year or a felony jail sentence under Penal Code section 1170(h). Ohio's line applies to harm to occupied structures, business property or government property. North Carolina has a $1,000 felony line only for residential real property.

The type of property can make vandalism a felony at a lower amount. Florida makes damage of more than $200 to a place of worship, or to a memorial or historic property, a third-degree felony. Texas makes damage of $750 or more to a place of worship, burial place or public monument a state jail felony.^2,4,7

Texas also makes damage to a habitation by firearm or explosive weapon a state jail felony even under $2,500, and damage that interrupts public power supply a third-degree felony even under $150,000. North Carolina's Class I felony applies to residential real property of another with damage of $1,000 or more.

Earlier convictions can turn a small amount into a felony. In Florida, a person with one or more previous criminal mischief convictions faces a third-degree felony even for damage under $1,000.^4,9

New York makes it criminal mischief in the third degree, a class E felony, to damage a locked motor vehicle by breaking in to steal when the person has three or more convictions for criminal mischief in the previous ten years.

Damage during a trespass can be a higher felony. Florida makes it a second-degree felony to intentionally damage a residence or commercial property by $1,000 or more while unlawfully occupying or trespassing on it. Texas does the same for damage of $1,000 or more to a habitation in the course of criminal trespass.^2,4

Texas

Texas: criminal mischief is a Class C, B or A misdemeanor under $2,500. At $2,500 up to $30,000 it is a state jail felony, with higher felony grades above that.²

The felony grades are third degree for $30,000 up to $150,000, second degree for $150,000 up to $300,000, and first degree for $300,000 or more.

Florida

Florida: criminal mischief with $200 or less in damage is a second-degree misdemeanor, over $200 but under $1,000 a first-degree misdemeanor, and $1,000 or more a third-degree felony.⁴

California

California: vandalism causing $400 or more in damage is punishable by a county jail term of up to a year or a felony jail sentence, and can be charged as a misdemeanor or felony. Under $400 it is punishable by up to a year in county jail.^1,10

Fines go up to $10,000 for damage of $400 or more and $50,000 for $10,000 or more. Under $400, the fine is up to $1,000, or up to $5,000 with a prior vandalism or graffiti conviction.

New York

New York: criminal mischief in the fourth degree is a class A misdemeanor. In the third degree, damage over $250 with intent, it is a class E felony. In the second degree, damage over $1,500, it is a class D felony. In the first degree, damage by an explosive, it is a class B felony.^3,9,11,12

Pennsylvania

Pennsylvania: criminal mischief is a third-degree felony if the person intentionally causes more than $5,000 in loss. Lower amounts are misdemeanors or a summary offense.⁵

Intentionally causing more than $1,000 in loss is a second-degree misdemeanor, and intentionally or recklessly causing more than $500 is a third-degree misdemeanor. Substantial interruption of public communication, transportation, water, gas or power service is a third-degree felony.

Ohio

Ohio: criminal mischief is a third-degree misdemeanor, or first-degree if it creates a risk of physical harm to a person. Vandalism, such as serious physical harm to an occupied structure, is a fifth-degree felony.^6,13

Vandalism is a fourth-degree felony at $7,500 or more and a third-degree felony at $150,000 or more. Serious physical harm means a loss in value of $1,000 or more.

Virginia

Virginia: intentionally damaging another person's property is a Class 1 misdemeanor if the damage is under $1,000 and a Class 6 felony at $1,000 or more.⁸

North Carolina

North Carolina: willfully and wantonly damaging real property is a Class 1 misdemeanor. Damaging someone else's residential real property by $1,000 or more is a Class I felony. Damaging personal property is a Class 2 misdemeanor, or Class 1 over $200.^7,14,15

The felony provision was added by Session Law 2024-54, effective Dec. 1, 2024.