Looting and Vandalism Criminal Penalties

The First Amendment to the United States Constitution protects freedom of speech and freedom to peacefully assemble. But while people have a constitutional right to protest, they are not allowed to steal and destroy property during protests. This article discusses the criminal penalties for looting and vandalism.

What Is Looting?

Looting originally referred to the unlawful taking of property by victorious troops (and sometimes citizens) during or following war, when defeated armies and populations were vulnerable. The practice was commonly accepted and regulated, but applied only in the military context. Looting following a natural disaster was not condoned.

Over time, looting came to include unlawful taking in the wake of a natural disaster or civil unrest. Only a few states have specific looting statutes; the others punish the behavior as a form of burglary or theft (see below). People who loot tend to receive harsher penalties than they would had they committed the same theft in a non-emergency situation. The reason is that without the normal security provided by security guards and the deterrence supplied by the presence of passers-by and beat cops, the victims are more vulnerable.

Theft and Burglary

Looting is the act of burglary or theft during a state of emergency. Theft and burglary are distinct but closely related crimes.

A theft occurs when a person takes someone else’s property without permission and with the intent to permanently deprive the owner of the property. Theft is generally categorized as a petty theft or grand theft, depending on the nature and dollar value of the stolen property.

A burglary occurs when a person enters a building without permission with the intent to steal property or commit a felony (like rape or vandalism). Burglarizing someone’s home (residential burglary) is generally punished more severely than burglarizing a nonresidential structure, such as a business.

State of Emergency

A government body can declare a state of emergency on a local, state, or federal level. The purpose of the declaration is to protect life and property. Government officials typically declare emergencies during:

• natural disasters (earthquakes, floods, wildfires, hurricanes, tornadoes)
• human-made disasters (riots, terrorist attacks, oil spills, industrial accidents), and
• public health crises (infectious disease outbreaks, widespread opioid abuse).

Examples of Looting

Recent acts of looting include people taking:

• video games from neighborhood stores in the aftermath of a hurricane
• designer clothes from department stores during a riot, and
• jewelry from homes in wildfire-ravaged neighborhoods.

Cultural and Corporate Looting

The term “looting” isn’t confined to theft during natural disasters. It also describes:

Removing cultural objects and natural resources. Removing or destroying in this context is prohibited by the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. A notorious example is the looting that occurred in Iraq following the 2003 American invasion.

Depleting corporate assets. Taking or diverting corporate assets is also looting, as exemplified by the alleged savings and loan scheme of Charles Keating in the 1980s.

Criminal Penalties for Looting

Most states punish looting more harshly than other types of theft or burglary. For example, if the maximum punishment for entering a liquor store with the intent to steal a bottle of liquor (a burglary) is six months in jail, the maximum punishment for stealing the same bottle of liquor in the aftermath of an earthquake or riot might be one year in jail.

Some states impose mandatory minimum jail penalties to guarantee that people convicted of looting will spend time behind bars. For example, in a typical petty theft case, a judge might sentence a defendant who steals a pair of pants to only pay a fine. But if the defendant steals the same pants during a riot, a judge might be required to impose a jail sentence of 90 days or more.

Penalties

Looting can be a misdemeanor or felony, depending on whether a person burglarizes a residence or a business, and whether the theft is a petty theft or grand theft.

Penalties for felony or misdemeanor looting typically include a mix of jail or prison, fines, probation, community service, and restitution.

Jail or prison. Misdemeanor looting carries up to a year (or 364 days in some states) in local jail. Defendants charged with felony looting face more than a year in state prison. Some looting statutes (see above) impose mandatory minimum jail or prison sentences.

Fines. Fines are a common penalty for looting. Judges impose fines based on factors like the defendant’s age, prior criminal record, and the amount of property taken. Fines typically range from a few hundred dollars to $10,000 or more.

Probation. Judges routinely put defendants convicted of looting on probation at the time of sentencing. Probation can include jail time, but it is commonly imposed as an alternative to jail. People on probation must meet specific terms. Probation terms might include meeting regularly with a probation officer, staying away from certain people or places, staying out of trouble, paying fines and restitution, and completing community service.

Restitution. Restitution is money defendants must pay to reimburse victims for financial losses caused by the crime. Judges must order defendants to pay restitution to their victims in addition to fines, which are owed to the government.

Community Service. Judges regularly order people convicted of looting to perform unpaid work in the community, called community service, to repair the harm they’ve caused by their crimes.

What Is Vandalism?

Vandalism (also known as criminal or malicious mischief in some states) is the deliberate destruction or damage of property without the owner’s permission. The precise definition of vandalism varies from state to state, but generally prosecutors must prove:

Damage to property. You must purposely damage, deface, or destroy property to be guilty of vandalism. The damage you cause doesn’t have to be permanent. For example, graffiti is a type of vandalism.

Owned by someone else. Generally, you can only vandalize public property (like a park bench) or private property that belongs to someone else. In most states, you can vandalize property you own jointly with another person. For example, if you get into a heated argument with your spouse and bash out the window of the family car, you can be prosecuted for vandalism.

On Purpose. You can't accidentally vandalize property. In order to be guilty of vandalism, the prosecution must prove that you intentionally damaged someone else’s property. For example, if you are practicing basketball in your backyard and your ball accidentally breaks your neighbor’s window, you are not guilty of vandalism. But if you intentionally throw your basketball toward your neighbor’s window and the window breaks, you are guilty of vandalism.

Examples of Vandalism

Common acts of vandalism include:

• slashing someone’s tires
• keying (or scratching) paint off someone’s car
• throwing eggs at someone’s car or house
• spray-painting public property with graffiti
• knocking down street signs, and
• breaking windows.

Criminal Penalties for Vandalism

In most states, criminal penalties for vandalism depend on the dollar value of the property damage. For example, in California, defendants who cause less than $400 in property damage can be charged with a misdemeanor. Defendants who cause $400 or more in damage can be charged with a misdemeanor or a felony in the discretion of the prosecutor.

Like looting (see above), penalties for felony or misdemeanor vandalisms typically include a mix of jail or prison, fines, probation, restitution, and community service.

Community service is common in vandalism cases. For example, people convicted of spray-painting graffiti are frequently ordered to work on graffiti abatement crews.

Vandalism, on its own, is not a very serious crime. But penalties for vandalism increase when vandalism is committed:

• at a place of worship
• at a cemetery or mortuary
• on or near a highway or freeway
• with a caustic chemical
• in association with a criminal street gang, or
• during a “hate crime” motivated by prejudice based on race, religion, sexual orientation, or other grounds.

Vandalism or Arson?

Arson is the intentional and malicious act of burning or setting fire to property. Intentionally setting fire to someone else’s property (or even your own in certain circumstances) is a more serious crime than vandalism because of the widespread destruction fire can cause. Penalties for arson generally depend on the type of property burned, how the fire started, the extent of any injuries caused by the fire, and the amount of damage caused by the fire.

Looting and Vandalism: Civil Disobedience or Random Lawlessness?

The tradition of civil disobedience in the United States dates back to the Boston Tea Party, which kick-started the American Revolution. Civil disobedience is the refusal to obey certain laws for the purpose of influencing legislation or government policy. Activists famously used civil disobedience during the civil rights movement when they sat at segregated lunch counters and in prohibited seats on buses, leading to the passage of the Civil Rights Act and the Voting Act.

In 2020, protestors in all 50 states took to the streets after a white police officer killed George Floyd, an unarmed black man, in Minneapolis, Minnesota. The demonstrations have largely been peaceful, but thousands of people have been arrested for crimes like looting, vandalism, and breaking curfew. Are looting and vandalism acts of civil disobedience or random lawbreaking?

Some would argue that acts of looting and vandalism are crimes, no matter what the motivation; and that they are counterproductive, damaging vulnerable communities and distracting from the goals of ending institutional racism and police violence. Others hold that looting and vandalism are legitimate expressions of rage and effectively draw attention to political movements when peaceful protests fail (as happened after Colin Kaepernick knelt during the national anthem).

People convicted of looting and vandalism, whether motivated by politics or greed, risk suffering the criminal penalties outlined in this article.

Talk to a Lawyer

If you are arrested for looting or vandalism, talk to an experienced criminal defense lawyer immediately. An experienced lawyer will explain the law in this area to you, review the prosecution’s evidence with you, and protect your rights.

A large percentage of people arrested for vandalism are minors. If your child is arrested for vandalism or looting, it is important to work with a criminal defense lawyer with experience in the juvenile court system.