Defacing Property – Laws & Penalties in Colorado

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, $5,000 in fines, and payment to repair or replace the defaced property.

In this article, our Denver Colorado criminal defense lawyers will address:

• 1. What are defacing crimes?
• 2. Defacing written instruments, C.R.S. 18-4-507
• 3. Defacing, destroying, or removing landmarks, monuments, or accessories, C.R.S. 18-4-508
• 4. Defacing property, C.R.S. 18-4-509
• 5. Defacing posted notice, C.R.S. 18-4-510
• 6. Related offenses
• Additional reading

1. What are defacing crimes?

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.

2. Defacing written instruments, C.R.S. 18-4-507

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, destroying, or removing landmarks, monuments, or accessories, C.R.S. 18-4-508

C.R.S. 18-4-508 is aimed at preventing changes or alterations 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

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 sits 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 does have the 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 also may 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 notice, C.R.S. 18-4-510

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 give notice to the public about government actions, business changes, or other required information. A notice could indicate that:

• a building is going to be torn down,
• a business is getting a liquor license, or
• a residential property is going to be sold.

A class 1 petty offense carries a penalty of:

• up to 6 months in jail and
• a fine of up to $500.

6. Related Offenses

Criminal Mischief, C.R.S. 18-4-501

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

Value of Property	Class of Offense	Jail/Prison Penalties	Fines
Less than $300	Class 3 misdemeanor	Up to 6 months	Up to $750
$300 to less than $750	Class 2 misdemeanor	3-12 months	Up to $1,000
$750 to less than $1,000	Class 1 misdemeanor	6-18 months	Up to $5,000
$1,000 to less than $5,000	Class 6 felony	12-16 months	Up to $100,000
$5,000 to less than $20,000	Class 5 felony	1-3 years	Up to $100,000
$20,000 to less than $100,000	Class 4 felony	2-6 years	Up to $500,000
$100,000 to less than $1 million.	Class 3 felony	4-12 years	Up to $750,000
Over $1 million	Class 2 felony	8-24 years	Up to $1,000,000

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Vandals or Visionaries? The Ethical Criticism of Street Art – Essays in Philosophy.
• Are They Graffiti Artists or Vandals–Should They Be Able or Caned: A Look at the Latest Legislative Attempts to Eradicate Graffiti – DePaul-LCA Journal of Art & Entertainment Law.
• Criminal images: The affective judgment of graffiti and street art – Crime, Media, Culture: An International Journal.
• Politically Motivated Property Damage – The Harvard Review of Philosophy.
• Talking Chalk: Talking Chalk: Defacing the First Amendment in the Public Forum – West Virginia Law Review.

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Legal References