If you or someone you know is planning on “Tricks” rather than “Treats” this Halloween season, you may want to reconsider
If your Halloween plans include pulling what you consider to be a harmless prank, you may be unintentionally damaging property. Even if you simply intended to pull a prank, the Law is only concerned with whether the property was damaged. Criminal damage to property is a general intent crime, meaning that it is irrelevant whether you intended property damage while pulling a prank. Depending on the cost to replace or repair the property (measured by the cost of repair and replacement), the penalty becomes increasingly worse.
Criminal Damage to Property in the First Degree: According to Minnesota Statute 609.595 Subd. 1. You can be convicted of CDP in the first degree If you have damaged property and caused a risk of bodily harm, the property damaged was a public safety motor vehicle or if the damage reduces the value of the property by more than $1,000. Anyone convicted of criminal damage to property in the first degree may be sentenced to imprisonment for up to five years, a fine up to $10,000, or worse…both.
Criminal Damage to Property in the Second Degree: According to Minnesota Statute 609.595 Subd. 1. (a) you can be convicted of CDP in the second degree if you cause damage to property because of the owner’s or another’s actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin. Anyone convicted of criminal damage to property in the second degree is guilty of a felony and may be sentenced to imprisonment for up to a year and one day, a fine of up to $3,000 or worse…both.
Criminal Damage to Property in the Third Degree: According to Minnesota Statute 609.595 Subd. 2., you can be convicted of CDP in the third degree if you cause damage to property that reduces the value of the property by more than $500 but less than $1,000 as measured by the cost of repair or replacement, or the damage was to a public safety motor vehicle and you knew the vehicle was a public safety motor vehicle. Anyone convicted of criminal damage to personal property in the third degree may be sentenced to imprisonment for up to one year, a fine of up to $3,000 or worse…both.
Criminal Damage to Property in the Fourth Degree: According to Minnesota Statute 609.595 Subd. 3. You can be convicted of CDP in the fourth degree if you cause damage to property that reduces the value of the property (up to $500). Anyone convicted of criminal damage to property in the fourth degree is guilty of a misdemeanor.