Indiana statute
Ind. Code § 35-43-1-2 — Criminal vandalism
Current through 2026 Regular Session
Part of Chapter 1: Arson, Mischief, and Tampering, Indiana Code.
Criminal charges under this statute
Full text of Ind. Code § 35-43-1-2
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 2. (a) The following definitions apply throughout this section: (1) "Cave" means any naturally occurring subterranean cavity, including a cavern, pit, pothole, sinkhole, well, grotto, and tunnel, whether or not it has a natural entrance. (2) "Critical infrastructure facility" has the meaning set forth in IC 35-46-10-1 . (3) "Owner" means, with respect to a cave, the person who holds title to or is in possession of the land on or under which a cave is located, or the person's lessee, or agent. (4) "Pecuniary loss" means all costs necessary to restore damaged or defaced property to its former condition. The term includes: (A) the total costs incurred in inspecting, cleaning, and decontaminating property contaminated by a pollutant; and (B) a reasonable estimate of all additional costs not already incurred under clause (A) that are necessary to inspect, clean, and decontaminate property contaminated by a pollutant, to the extent that the property has not already been: (i) cleaned; (ii) decontaminated; or (iii) both cleaned and decontaminated. The term includes inspection, cleaning, or decontamination conducted by a person certified under IC 16-19-3.1 . (5) "Real property in foreclosure" means real property with respect to which a foreclosure action has been filed or joined by a person having a security interest in the property that is used to secure: (A) a mortgage; (B) a land contract; or (C) another agreement similar to a mortgage or a land contract. The term does not include property that is the subject of a foreclosure action brought by a person having any other type of security interest in the property, including a mechanic's lien, a tax lien, or a lien placed by a homeowners association, unless the property is also the subject of a foreclosure action described in clauses (A) through (C). (6) "Scientific purposes" means exploration and research conducted by persons affiliated with recognized scientific organizations with the intent to advance knowledge and to publish the results of the exploration or research in an appropriate medium. (b) A person who: (1) recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent; or (2) knowingly or intentionally damages, permanently removes, or defaces: (A) fixtures (as defined in IC 26-1-2.1-309 ) of real property in foreclosure; (B) a component or subsystem of the heating, ventilation, or air conditioning system of real property in foreclosure; (C) wiring of real property in foreclosure; (D) pipes, fittings, or another part of the plumbing system of real property in foreclosure; (E) the structure, including the roof and foundation, of real property in foreclosure; (F) the windows of real property in foreclosure; (G) the floors, ceilings, walls, or doors of real property in foreclosure; (H) the landscaping of real property in foreclosure; or (I) an unattached structure, carport, patio, fence, or swimming pool located on real property in foreclosure; commits criminal vandalism, a Class B misdemeanor except as otherwise provided in this section. (c) Criminal vandalism is a Class A misdemeanor if one (1) or more of the following apply: (1) The pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000). (2) The person damages: (A) a structure used for religious worship without the consent of the owner, possessor, or occupant of the property that is damaged; (B) a school or community center without the consent of the owner, possessor, or occupant of the property that is damaged; (C) the property of an agricultural operation (as defined in IC 32-30-6-1 ) without the consent of the owner, possessor, or occupant of the property that is damaged; (D) the property of a scientific research facility (as defined in IC 35-31.5-2-287 ) without the consent of, or with consent which was fraudulently obtained from, the owner, possessor, or occupant of the property that is damaged; (E) the grounds: (i) adjacent to; and (ii) owned or rented in common with; a structure or facility described in clauses (A) through (D) without the consent of the owner, possessor, or occupant of the property that is damaged; (F) personal property contained in a structure or located at a facility described in clauses (A) through (D) without the consent of the owner, possessor, or occupant of the property that is damaged; (G) property that is vacant real property (as defined in IC 36-7-36-5 ) or a vacant structure (as defined in IC 36-7-36-6 ); or (H) property after the person has been denied entry to the property by a court order that was issued: (i) to the person; or (ii) to the general public by conspicuous posting on or around the property in areas where a person could observe the order when the property has been designated by a municipality or county enforcement authority to be a vacant property, an abandoned property, or an abandoned structure (as defined in IC 36-7-36-1 ). (3) The person: (A) damages a cemetery, a burial ground (as defined in IC 14-21-1-3 ), or a facility used for memorializing the dead; (B) damages the grounds owned or rented by a cemetery or facility used for memorializing the dead; or (C) disturbs, defaces, or damages a cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure; unless the person acted in a proper and acceptable manner as authorized by IC 23-14 , or unless the person acted in a proper and acceptable manner as authorized by IC 14-21 , other than a person who disturbs the earth for an agricultural purpose under the exemption to IC 14-21 that is provided in IC 14-21-1-24 . (4) The person: (A) damages or defaces a cave; (B) damages a lock, gate, fence, or other structure designed to control or prevent access to a cave; or (C) damages or destroys a cave dwelling animal in a cave; unless the act described in clause (A) or (C) was done for scientific purposes. (d) Criminal vandalism is a Level 6 felony if one (1) or more of the following apply: (1) The pecuniary loss is at least fifty thousand dollars ($50,000). (2) The damage causes a substantial interruption or impairment of utility service rendered to the public. (3) The damage is to a public record. (4) The damage is to a law enforcement animal (as defined in IC 35-46-3-4.5 ). (5) The damage is to a component of an automatic building fire suppression system that is located in a penal facility. (6) The damage is to property described in subsection (c)(2), and the pecuniary loss (or property damage, in the case of an agricultural operation or a scientific research facility) is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000). (7) The person damages property: (A) during the dealing or manufacture of or attempted dealing or manufacture of a controlled substance; and (B) by means of a fire or an explosion. (8) The enhancement described in subsection (c)(3) applies and the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000). (9) The person damages or defaces: (A) a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way; (B) a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company; or (C) any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company. (e) Criminal vandalism is a Level 5 felony if one (1) or more of the following apply: (1) The damage is to property described in subsection (c)(2), and the pecuniary loss (or property damage, in the case of an agricultural operation or a scientific research facility) is at least fifty thousand dollars ($50,000). (2) The person damages property: (A) during the dealing or manufacture of or attempted dealing or manufacture of a controlled substance; (B) by means of a fire or an explosion; and (C) resulting in moderate bodily injury to any person other than a defendant. (3) The enhancement described in subsection (c)(3) applies and the pecuniary loss is at least fifty thousand dollars ($50,000). (4) The person damages or defaces: (A) a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way; (B) a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company; or (C) any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company; and the offense results in serious bodily injury to another person. (5) The person damages or defaces a critical infrastructure facility. (f) Criminal vandalism is a Level 4 felony if the person damages or defaces a critical infrastructure facility, and: (1) the pecuniary loss is at least fifty thousand dollars ($50,000); or (2) the damage causes a substantial interruption or impairment of a critical infrastructure utility service rendered to the public. (g) Criminal vandalism is a Level 2 felony if the person damages or defaces: (1) a locomotive, a railroad car, a train, or equipment of a railroad company being operated on a railroad right-of-way; (2) a part of any railroad signal system, train control system, centralized dispatching system, or highway railroad grade crossing warning signal on a railroad right-of-way owned, leased, or operated by a railroad company; or (3) any rail, switch, roadbed, viaduct, bridge, trestle, culvert, or embankment on a right-of-way owned, leased, or operated by a railroad company; and the offense results in the death of another person. (h) It is a defense to a prosecution under subsection (b)(2) that the damage, removal, or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith. (i) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's driver's license or learner's permit be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year. (j) The court may rescind an order for suspension or invalidation under subsection (i) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that the person has removed or painted over the graffiti or has made other suitable restitution.
Official sources
Legal terms used in this section
Questions this section answers
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))
Which Indiana statute covers criminal vandalism?
Criminal vandalism is governed by Ind. Code § 35-43-1-2 (Criminal vandalism).
This reference is informational and is not legal advice.