In Texas, property crimes involving graffiti, a form of vandalism, are taken more seriously than many expect. Unfortunately, the associated penalties can escalate based on damage extent and the nature of the property affected.
Understanding when these acts of graffiti cross the line into felony territory is crucial for those facing property crime charges in Texas.
Graffiti defined
Under Texas Penal Code Section 28.08, graffiti is defined as making markings, including inscriptions, slogans, drawings or paintings, on tangible property without consent from the owner. It addresses all forms of graffiti, such as those done with paint, indelible markers or etching devices.
Misdemeanor or felony
The classification of criminal offenses involving substantial property damage usually depends on the amount of pecuniary loss caused by the act. This dictates both charge and punishment severity. In most cases, if the damage is less than $100, it is classified as a Class C misdemeanor. However, as the damage increases, so does the classification of the offense and the associated penalties.
For example, graffiti damage between $2,500 and $30,000 is considered a state jail felony, but if the damage exceeds $300,000 it is a first-degree felony.
Special considerations
Certain properties are given extra protection under the law. For instance, graffiti on a school, place of worship, public monument or community center, is automatically considered a state jail felony if the damage falls between $750 and $30,000.
Felony convictions carry significant legal ramifications, including long-term imprisonment, massive fines and a permanent criminal record. If you find yourself facing such charges, it is crucial to seek legal guidance to work towards securing the most favorable possible outcome.