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Vandalism Charges and Consequences in Hawaii

Living in paradise has its perks. The beaches, the weather, the aloha spirit. But it also has a dark side. Vandalism and destruction of property – often in the form of graffiti – is a growing problem across the islands. As a resident, it’s important to understand what constitutes vandalism, the penalties if you’re caught, and what you can do to help prevent it.

What is Vandalism in Hawaii?

Vandalism refers to the intentional destruction or damage of public or private property without consent. This includes a wide range of behaviors like smashing windows, slashing tires, spray painting buildings or signs, and breaking or defacing objects. Hawaii specifically prohibits damaging both government property and the property of others.

Some common forms of vandalism in Hawaii include:

Graffiti – Spray painting or marking up public or private walls, signs, sidewalks, etc. This is one of the most prevalent types.
“Smash and grab” – Breaking windows or doors to steal items from homes, vehicles, or businesses. Often carried out by groups of teens.
Slashing tires – Cutting the tires on parked vehicles. Done intentionally to damage and inconvenience the owner.
Breaking objects – Destroying or defacing objects like street signs, bus stop shelters, plants, statues, etc.
Arson – Intentionally setting fire to property, like trash cans or bushes. Less common but very serious.
Etching – Using an object to scratch glass, mirrors, cars, and other surfaces. Leaves permanent damage.

The motivation behind vandalism varies. Sometimes it’s bored teens looking for trouble. Other times it’s done to send a message, mark territory, or retaliate against an individual or business. Regardless, it often leaves costly damage and risks harming bystanders.

Vandalism Charges and Penalties

In Hawaii, vandalism and the defacement of property is punishable as a crime under the state’s penal code. The specific charges and penalties depend on the value of damage done.

Criminal Property Damage in the Fourth Degree

This is the lowest level offense in Hawaii, a petty misdemeanor. It covers damage less than $100 and is punishable by:

Up to 30 days in jail
Fines up to $1,000
Community service

Criminal Property Damage in the Third Degree

For damage between $100 and $500, it rises to a misdemeanor. Penalties include:

Up to 1 year in jail
Fines up to $2,000
Probation

Criminal Property Damage in the Second Degree

Damage between $500 and $10,000 constitutes a class C felony under HRS §708-821. Punishments are:

Up to 5 years in prison
Fines up to $10,000
Probation up to 4 years

Criminal Property Damage in the First Degree

For damage exceeding $10,000, it becomes a class B felony per HRS §708-820. This includes:

10 years in prison
Fines up to $25,000
Probation up to 5 years

Penalties can be even harsher if the vandalism causes injury, involves government property, or is done to influence a witness. Charges may also be elevated if done by an organized group.

Graffiti Vandalism

Graffiti is a common form of vandalism that plagues communities across Hawaii. According to HB1231, introduced in 2023, vandalism of local businesses with graffiti is on the rise.

Under HRS §708-823.5, the base penalties for graffiti vandalism are:

Up to 1 year in jail
Fines up to $2,000

But penalties escalate based on the extent of damage and number of counts. If damage exceeds $1,500, or there are multiple counts, it can be charged as a class C felony with harsher punishment.

Many instances of graffiti in Hawaii are believed to be gang related. The Kauai Police Department announced plans in 2020 to crack down on vandalism and graffiti by imposing the maximum penalties allowed.

Defenses Against Vandalism Charges

Those facing vandalism accusations in Hawaii do have some legal defenses to fight the charges:

Misidentification – Argue that the prosecution has the wrong person and you have been mistakenly identified.
No intent – The damage was accidental, not intentional. For example, you tripped and fell into a car, denting it.
Rightful ownership – You had permission or the right to damage the property. Like making repairs to your own home.
Intoxication – You were involuntarily intoxicated and unable to control your actions.
Self-defense – Causing damage was necessary for self-defense against harm.
False accusations – The alleged victim is fabricating the charges out of anger, revenge, or mental illness.

An experienced criminal defense attorney can evaluate the evidence and determine if any of these defenses apply in your case.

How to Prevent Vandalism in Your Community

Residents have an important role to play in preventing vandalism and graffiti. Here are some tips:

Report incidents – Immediately contact police if you witness vandalism or graffiti. Provide descriptions of perpetrators and damage.
Install lighting – Good lighting deters vandals who rely on darkness to conceal their activities. Motion sensor lights are especially effective.
Use security cameras – Surveillance cameras help identify suspects. Let potential vandals know the area is being recorded.
Remove graffiti quickly – Eliminate graffiti as soon as it appears so the vandals don’t feel rewarded by seeing their handiwork on display.
Plant prickly bushes – Thorny plants can discourage access to walls that attract graffiti. Avoid planting near signs or buildings.
Get involved – Join a neighborhood watch program and look out for suspicious activity. Also volunteer for community clean-up days.
Talk to youth – Mentor young people at risk of engaging in vandalism. Help them channel their energy into positive outlets.

With vigilance and community spirit, Hawaii residents can help curb vandalism and protect the beauty of the islands. Understanding the serious legal consequences is also key to deterring this behavior. Anyone charged should consult an attorney to explore their options and build the strongest defense.