Under Colorado law, defacing or destroying written instruments, landmarks, or other property is a criminal offense. Most convictions are misdemeanors carrying
up to 18 months in jail,
up to $5,000 in fines, and
payment to repair or replace the defaced property.
Defacing an object involves destroying or altering its physical appearance. The specific charges and penalties depend on:
the type of object involved,
the extent of the damage and
the value of property destroyed.
In order for a prosecutor to convict you of defacing property, they have to show that you knowingly damaged the property.
For example, if you lost control of your vehicle and smashed into a wall on someone’s property, you probably would not be guilty of defacing or destroying property because you did not intentionally cause the damage.
Vandalism ranges from graffiti to smashing property.
2. Defacing Written Instruments
Examples of written instruments include:
title to real property,
title to a motor vehicle,
a deed or
another formal document.
It is a class 1 misdemeanor to – with intent to defraud – deface a written instrument. Examples of defacement include:
erasing sections
making changes
crossing out language
altering names
Penalties for violating C.R.S. 18-4-507 include:
6 to 18 months in jail and
a fine of up to $5,000.1
3. Defacing Property Boundaries
C.R.S. 18-4-508 is intended to prevent changes to property boundaries. This statute prohibits knowingly:
cutting down a boundary tree or
defacing or removing any location stake, corner post, or any other legal land boundary monument.
Under Colorado law, a violation of C.R.S. 18-4-508 is a class 2 misdemeanor carrying:
3 to 12 months in jail and
a fine of up to $1,000.2
4. Defacing Property
C.R.S. 18-4-509 prohibits destroying, defacing, removing or damaging any:
historical monuments
public property
private property
caves (including tunnels, mines, aqueducts, or excavation sites and any enclosures)
Defacing property comprises:
causing structural damage,
drawing,
writing,
painting,
using ink or any other substance, such as acid.3
Defacing property under C.R.S. 18-4-509 is a class 2 misdemeanor, which carries the maximum penalties of:
up to 12 months in jail and
a fine of up to $1,000.
The court has discretion to impose alternative sentencing, depending on the nature of the offense. However, a second or subsequent conviction of defacing property is a class 1 misdemeanor, which may result in up to 18 months in jail.
In addition to fines, you may also be ordered to pay restitution for the damaged property. Note that anyone who aids or permits the defacing of public or private property can also be criminally charged.
5. Defacing Posted Notices
Under C.R.S. 18-4-510, “any person who knowingly marks, destroys, or removes any posted notice authorized by law commits a class 1 petty offense.”
Public notices are intended to inform the public about government actions, business changes, or other required information. A notice could indicate that:
Criminal mischief under C.R.S. 18-4-501 involves knowingly damaging real property or the personal property of another. Even if you co-owned the property you damaged, you could still be charged with criminal mischief.
The penalties for criminal mischief depend on the value of the property destroyed. If you destroy multiple items, then the value is calculated as the total combined damage.4
