Indiana criminal charge
Criminal vandalism in Indiana
Criminal vandalism is a criminal offense under Indiana law, defined by Ind. Code § 35-43-1-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-43-1-2.
What is the penalty for criminal vandalism in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Base criminal vandalism — A person recklessly, knowingly, or intentionally damages or defaces another's property without consent, or damages/removes/defaces specified fixtures or components of real property in foreclosure.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Base criminal vandalism — A person recklessly, knowingly, or intentionally damages or defaces another's property without consent, or damages/removes/defaces specified fixtures or components of real property in foreclosure.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | up to 1 year (Vandalism with moderate pecuniary loss or protected property — Pecuniary loss is between $750 and $50,000, or the damaged property is a place of worship, school, community center, agricultural operation, scientific research facility, adjacent grounds, vacant property, or a cemetery/cave as described.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Vandalism with moderate pecuniary loss or protected property — Pecuniary loss is between $750 and $50,000, or the damaged property is a place of worship, school, community center, agricultural operation, scientific research facility, adjacent grounds, vacant property, or a cemetery/cave as described.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Vandalism with high pecuniary loss or utility/public record/animal/system damage — Pecuniary loss is at least $50,000, or damage causes substantial utility interruption, damages a public record, law enforcement animal, penal facility fire suppression component, controlled-substance-related fire/explosion damage, cemetery enhancement with moderate loss, or railroad property damage.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Vandalism with high pecuniary loss or utility/public record/animal/system damage — Pecuniary loss is at least $50,000, or damage causes substantial utility interruption, damages a public record, law enforcement animal, penal facility fire suppression component, controlled-substance-related fire/explosion damage, cemetery enhancement with moderate loss, or railroad property damage.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Vandalism with major pecuniary loss, injury, or critical infrastructure — Pecuniary loss on protected property is at least $50,000, or damage during drug manufacturing by fire/explosion causes moderate bodily injury, or cemetery enhancement loss is at least $50,000, or railroad damage causes serious bodily injury, or the person damages a critical infrastructure facility.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Vandalism with major pecuniary loss, injury, or critical infrastructure — Pecuniary loss on protected property is at least $50,000, or damage during drug manufacturing by fire/explosion causes moderate bodily injury, or cemetery enhancement loss is at least $50,000, or railroad damage causes serious bodily injury, or the person damages a critical infrastructure facility.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Critical infrastructure facility major damage — The person damages or defaces a critical infrastructure facility causing at least $50,000 in pecuniary loss or a substantial interruption of critical infrastructure utility service.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Critical infrastructure facility major damage — The person damages or defaces a critical infrastructure facility causing at least $50,000 in pecuniary loss or a substantial interruption of critical infrastructure utility service.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 10 years to 30 years (Railroad property damage resulting in death — The person damages or defaces specified railroad property or infrastructure, and the offense results in the death of another person.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Railroad property damage resulting in death — The person damages or defaces specified railroad property or infrastructure, and the offense results in the death of another person.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to current.
How is criminal vandalism classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base criminal vandalism | Class B Misdemeanor | A person recklessly, knowingly, or intentionally damages or defaces another's property without consent, or damages/removes/defaces specified fixtures or components of real property in foreclosure. | Ind. Code § 35-43-1-2(b) |
| Vandalism with moderate pecuniary loss or protected property | Class A Misdemeanor | Pecuniary loss is between $750 and $50,000, or the damaged property is a place of worship, school, community center, agricultural operation, scientific research facility, adjacent grounds, vacant property, or a cemetery/cave as described. | Ind. Code § 35-43-1-2(c) |
| Vandalism with high pecuniary loss or utility/public record/animal/system damage | Level 6 Felony | Pecuniary loss is at least $50,000, or damage causes substantial utility interruption, damages a public record, law enforcement animal, penal facility fire suppression component, controlled-substance-related fire/explosion damage, cemetery enhancement with moderate loss, or railroad property damage. | Ind. Code § 35-43-1-2(d) |
| Vandalism with major pecuniary loss, injury, or critical infrastructure | Level 5 Felony | Pecuniary loss on protected property is at least $50,000, or damage during drug manufacturing by fire/explosion causes moderate bodily injury, or cemetery enhancement loss is at least $50,000, or railroad damage causes serious bodily injury, or the person damages a critical infrastructure facility. | Ind. Code § 35-43-1-2(e) |
| Critical infrastructure facility major damage | Level 4 Felony | The person damages or defaces a critical infrastructure facility causing at least $50,000 in pecuniary loss or a substantial interruption of critical infrastructure utility service. | Ind. Code § 35-43-1-2(f) |
| Railroad property damage resulting in death | Level 2 Felony | The person damages or defaces specified railroad property or infrastructure, and the offense results in the death of another person. | Ind. Code § 35-43-1-2(g) |
Common questions about criminal vandalism in Indiana
Is criminal vandalism a felony or a misdemeanor in Indiana?
It depends on the circumstances: criminal vandalism ranges from a Class B Misdemeanor to a Level 2 Felony in Indiana under Ind. Code § 35-43-1-2.
Base criminal vandalism: Class B Misdemeanor (Ind. Code § 35-43-1-2(b)) · Vandalism with moderate pecuniary loss or protected property: Class A Misdemeanor (Ind. Code § 35-43-1-2(c)) · Vandalism with high pecuniary loss or utility/public record/animal/system damage: Level 6 Felony (Ind. Code § 35-43-1-2(d)) · Vandalism with major pecuniary loss, injury, or critical infrastructure: Level 5 Felony (Ind. Code § 35-43-1-2(e)) · Critical infrastructure facility major damage: Level 4 Felony (Ind. Code § 35-43-1-2(f)) · Railroad property damage resulting in death: Level 2 Felony (Ind. Code § 35-43-1-2(g))
What are the penalties for criminal vandalism in Indiana?
Penalties for criminal vandalism in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers criminal vandalism?
Criminal vandalism is governed by Ind. Code § 35-43-1-2 (Criminal vandalism).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.