Vandalism is a crime that involves intentionally damaging, defacing or destroying public and private property. Committing this act in South Dakota may result in serving jail time, performing community service and paying restitution for repairs or rehabilitation.
Deliberate property damage may come in various forms, and learning what these are could help you determine what constitutes malicious mischief.
Defacing public property
This type of vandalism involves drawing or writing on public property, such as building walls and benches, without permission from the owner or government. The most common example is graffiti, which usually involves spray-painted lewd or offensive images.
Property damage
Conducting any of the following activities falls under property damage:
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Throwing eggs at a house
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Covering the house with toilet paper
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Breaking windows
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Thrashing mailboxes
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Cutting flowers and plants
Authorities sometimes call this “destructive fun” since teenagers often do this to bully neighbors.
Vehicle damage
If you injure or destroy vehicles, you are performing vandalism. Cases under this type involve slashed tires, keyed car hoods and spray-painted surfaces.
Altering public signage
Defacing billboards and traffic signs is unlawful, as this causes confusion or distraction among drivers and pedestrians. Incidents may include battered signage beyond recognition and ruined design as a form of protest to draw attention to a certain cause.
Vandalism as a hate crime
Vandalism has become another form of hate crime to harass various communities or individuals. Examples of this include:
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Drawing or writing antisemitic messages on a target’s property
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Pasting discriminatory posters or signage on public walls
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Destroying the properties of a certain group
South Dakota deems all types of vandalism unlawful and has strict codes that determine charges depending on the crime’s magnitude.
What are the potential charges for vandalism in South Dakota?
You may face the following penalties depending on the seriousness of your crimes:
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Class 2 misdemeanor: Damage amounts to less than or equal to $400.
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Class 1 misdemeanor: Damage is more than $400 but less than or equal to $1,000.
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Class 6 felony: Damage is worth more than $1,000 but not exceeding $2,500.
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Class 5 felony: Damage exceeds $2,500 but not greater than $5,000.
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Class 4 felony: Damage is more than $5,000 but less than $100,000.
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Class 3 felony: Damage amounts more than $100,000 but not exceeding $500,000.
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Class 2 felony: Damage is larger than $500,000.
Moreover, the court can aggregate the value of damage from multiple incidents to assess the level of your offense.
What to do when facing charges
Executing vandalism results in serious penalties that may put you in jeopardy. If you need help navigating this difficult situation, consulting with a criminal law attorney could help you arrive at the best possible outcome.