Vandalism

Verified 28 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Your car was damaged? Did you find graffiti on your house? This is vandalism. Vandalism is the act of harming voluntarily private or public property without legitimate grounds. We present you with the information you need to know.

FYI  

There is a infringement specific in the case of unintentional destruction, degradation or deterioration of property (by fire or explosion).

Vandalism is destruction, degradation or deterioration voluntarily one property belonging to others.

Vandalism can involve a public good (e.g. administration) or private property.

For example, it can take the following forms:

  • Tag, make graffiti and inscriptions (signs, drawings...) not authorized on a wall, in the metro, on a bus, a vehicle...
  • Deteriorating a radar or traffic sign
  • Deteriorating a vehicle (fire, broken windows...)
  • Destroying a Bus Shelter
  • Deteriorating public buildings and heritage
  • Breaking windows or shop windows without theft
  • Degrade by occupying without permission a communal land or private property during an illegal party, an undeclared music festival
  • Urinating in an elevator
  • Spray the door of a dwelling with gasoline, set it on fire, resulting in the death of the occupant

Regardless of the means used by the perpetrator, the act is punished.

The means used may, however, increase the penalties. This is the case, for example, if the perpetrator uses an explosive substance or fire.

The act of vandalism must be committed voluntarily and without legitimate reason. A person who breaks a window to save another person in danger will not be punished.

FYI  

One can be convicted of destroying one's own property if that property is also the property of others. This is the case, for example, if a person destroys the joint car of the couple in a context of conflicting separation.

There is a general regime of penalties that can be imposed on the perpetrator of the vandalism. However, the methods used or the property targeted by the author may vary the nature of the sentences that may be imposed.

FYI  

The accomplice shall incur the same penalties as the author of the offense or the crime.

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General case

The penalties vary according to the extent of the damage caused.

One slight damage is a damage requiring little repair, with superficial damage, (for example, a broken mirror or a single broken window tile).

One serious damage is damage causing damage to heavier damage or final (for example, destroy a front door or car).

Minor Damage

The maximum penalty for an act of vandalism is €1,500 fine and additional penalties.

Significant Damage

In case of serious damage, any act of vandalism shall be punished until 2 years in prison and €30,000 of fine.

The penalty may be up to 5 years in prison and €75,000 fine, if the offense is committed with aggravating circumstances for example:

  • For the purpose of intimidating a witness or victim of an offense
  • Against property belonging to a person entrusted with a public service mission (police officer, gendarme, magistrate...) with a view to influencing him in the performance of his duties
  • For property owned by a spouse (spouse, cohabiting partner, Civil partnerships: titleContent) or a member of his family (descendant or ascendant)
  • In a dwelling-place or a place intended for the storage of funds or goods when entering the premises by break-in, cunning or climbing
  • By multiple people
  • By a person willfully concealing his face
  • Against a public good (for example, a bus shelter, a public bench, or property that has heritage value).

FYI  

The attempt committing this offense shall be punishable by the same penalties.

Tags, graffiti

The penalties vary according to the extent of the damage caused.

One slight damage is a damage that requires little repair, with superficial damage (for example, if the paint is erasable).

One serious damage is the one that causes heavy damage, or even definitive (for example, if an indelible painting is propelled onto an expensive art object).

Minor Damage

The maximum penalty for making a tag or a graffiti is a fine of €3,750 and one work of general interest. This work may involve repairing damage to public equipment.

In some cases, the offense may be subject to flat-rate fine tortious of €200.

The penalty shall be €15,000 fine and one work of general interest if the tag or graffiti is committed with aggravating circumstances for example:

  • Against property belonging to a person entrusted with a public service mission (police, gendarme, magistrate, etc.) with a view to influencing him in the performance of his duties
  • For property owned by a spouse (spouse, cohabiting partner, Civil partnerships: titleContent) or a member of his family (descendant or ascendant)
  • In a dwelling-place or a place intended for the storage of funds or goods when entering the premises by break-in, cunning or climbing
  • By multiple people
  • By a person willfully concealing his face.

FYI  

The attempt committing this offense shall be punishable by the same penalties.

Significant Damage

In case of significant damageHowever, the penalty may be up to 2 years in prison and €30,000 of fine.

The penalty may be up to 5 years in prison and €75,000 fine if the tag or graffiti is committed with aggravating circumstances for example:

  • Against property belonging to a person entrusted with a public service mission (police, gendarme, magistrate, etc.) with a view to influencing him in the performance of his duties
  • For property owned by a spouse (spouse, cohabiting partner, Civil partnerships: titleContent) or a member of his family (descendant or ascendant)
  • In a dwelling-place or a place intended for the storage of funds or goods when entering the premises by break-in, cunning or climbing
  • Against a school or a vehicle carrying children
  • By multiple people
  • By a person willfully concealing his face

If the offense is committed with 2 aggravating circumstances, the penalties shall be increased to 7 years in prison and €100,000 fine.

FYI  

The attempt committing this offense shall be punishable by the same penalties.

By explosion or fire

In case of serious damage caused by a explosion, one fire or any other means that may create a danger for persons, the offense is punishable by 10 years in prison and €150,000 of fine.

Example :

A person puts an explosive device in a garbage can, resulting in a fire that destroys the next-door shopping space.

The penalties shall be increased to:

  • 15 years and €150,000 a fine if a victim has been totally incapacitated for 8 days or less
  • 20 years in prison and €150,000 fine if the offense is committed in an organized group or if a victim has had a total incapacity for work of more than 8 days
  • 20 years in prison and €150,000 fine where the offense is committed against the owner of a property because he is entrusted with a public service mission (police, gendarme, magistrate, fire brigade...)
  • 30 years in prison and €150,000 a fine where the offense has resulted in mutilation or permanent disability for a victim
  • criminal imprisonment forever and €150,000 fine where it has resulted in the death of a person.

In case deliberate burning of wood, forests, heaths, scrubland, plantations or reforestation of others, the penalties shall be:

  • 15 years of prison and €150,000 a fine if persons are exposed to bodily harm or if the facts create irreversible damage to the environment
  • 20 years in prison and €200,000 a fine if a victim has been totally incapacitated for 8 days or less
  • 30 years in prison and €200,000 fine if the offense is committed in an organized group or if a victim has had a total incapacity for work of more than 8 days
  • 30 years in prison and €200,000 fine where the offense is committed against the owner of a property because he is entrusted with a public service mission (police, gendarme, magistrate, fire brigade...)
  • criminal imprisonment forever and €200,000 a fine where the offense has resulted in mutilation or permanent disability for a victim

FYI  

The attempt committing this offense shall be punishable by the same penalties.

On a cultural, cultural or heritage property

The offense shall be punishable by 7 years in prison and €100,000 fine, where the destruction, deterioration or deterioration concerns the following items:

  • Building or movable object classified or inscribed in the heritage (a statue or a castle, for example)
  • Archeological heritage (a prehistoric cave, for example)
  • Cultural property exhibited, preserved or deposited in a museum of France, an art gallery (a painting exhibited in the Louvres, for example)
  • Religious building (e.g. church or mosque).

The penalties shall be increased to 10 years in prison and €150,000 fine when the offense is committed by several people (perpetrators or accomplices).

The fine may be increased to half the value of the property destroyed, degraded or damaged.

FYI  

The attempt committing this offense shall be punishable by the same penalties.

The minor damage vandalism is a contravention whichprescribed 1 year after the fact-finding.

The vandalism punishable by up to 10 years in prison is one offense which is prescribed 6 years after the fact-finding.

The vandalism punishable by more than 10 years in prison is one crime which is prescribed 20 years after the fact-finding.

The victim which has had its property destroyed, degraded or deteriorated may complain and seek redress for his damage.

The victim may be assisted by a lawyer at any point in the procedure.

If they do not know the offender, they can use the online pre-complaint.

In the event of a trial, the victim may to obtain compensation for the damage caused.

Please note

To avoid trial, the prosecutor may propose a criminal mediation in case of slight deterioration or deterioration.

Before the trial, the victim must to form civil party to request damages.

The civil party must make its claim for compensation either at the trial in court, or to the CIVI, by presenting its supporting documents (invoices, medical certificates, attestations...).

The material damage may be financially repaired taking into account the value of the destroyed property or the amount of repairs carried out, for example.

The non-material damage may also be compensated (sentimental value of the destroyed object, death of a family member...).

Other harms may also be recognized as the personal injury in case of injuries (e.g. scar), the economic damage (e.g. costs related to new accommodation following house fire...).

FYI  

you can declare the claim to your insurer to obtain compensation, acts of vandalism can be covered under certain circumstances (break-in, theft...).

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