Destruction of Government Property | 18 U.S. Code § 1361
Contents
- 1 Destruction of Government Property | 18 U.S. Code § 1361
- 2 Destruction of Government Property | 18 U.S. Code § 1361
Destruction of Government Property | 18 U.S. Code § 1361
Intentionally damaging or destroying U.S. government property can lead to serious criminal charges under federal law. 18 U.S.C. § 1361 makes it a felony to willfully injure or commit depredation against any property of the United States.
This article provides an in-depth look at the federal crime of destruction of government property. It covers key elements of the law, penalties for conviction, and potential defenses to fight the charges.
Elements of the Federal Destruction of Property Offense
For a person to be found guilty under 18 U.S.C. § 1361, prosecutors must prove the following core elements beyond a reasonable doubt:
- The defendant damaged or destroyed property, or attempted to do so
- The property belonged to the United States government
- The defendant acted intentionally and willfully, not accidentally
The law covers damage to any type of government property, whether real estate, vehicles, equipment, or other assets. Even minor damage like spray painting a government vehicle may qualify.
What Makes Property U.S. Government Owned?
For purposes of this statute, government property includes assets owned by or leased to the federal government. This can include:
- Federal buildings, military bases, national parks, etc.
- Post offices and other facilities operated by the U.S. Postal Service
- Courthouses and other federal court facilities
- National Guard armories and assets
- Computer systems and data owned by federal agencies
The crime may also apply to property being built or produced under contract for the government.
What Does “Willfully” Mean?
This offense requires the government to prove the defendant acted with intent and knowledge. Willfully means the person purposely damaged or tried to damage federal property knowing it belonged to the government. An accidental or unintentional act does not qualify.
Penalties Upon Conviction of Destroying Government Property
If convicted under 18 U.S.C. § 1361, penalties vary depending on the extent of the damage.
- If damage exceeds $100, up to 10 years in federal prison.
- Damage less than $100 carries up to 1 year imprisonment.
- Fines up to $250,000 for individuals or twice the gross loss or gain.
Where death results from acts under this statute, possible penalties rise to any term of years up to life in prison.
Other federal laws related to destruction of government property include:
- 18 U.S.C. § 1362 – Communication lines, stations, or systems operated by the U.S. up to 10 years imprisonment.
- 18 U.S.C. § 1363 – Buildings or property within special maritime and territorial jurisdiction of the U.S. up to 5 years imprisonment.
- 18 U.S.C. § 1366 – Government property or contracts valued over $100,000 allows up to 20 years imprisonment.
These statutes broaden the scope of protected federal property. They provide additional tools for prosecutors seeking lengthy sentences.
Defenses a Criminal Defense Lawyer Can Raise
In some destruction of government property cases, skilled defense counsel may be able to argue:
- Lack of intent – The damage was accidental, not willful.
- Misidentification – You did not cause the damage in question.
- Diminished capacity – Mental impairment made you unable to form criminal intent.
- Intoxication – You were too impaired to knowingly commit the act.
- Self-defense – Your actions protected you from harm.
An experienced federal criminal defense attorney can analyze the facts of your case to determine if any viable defenses may apply.
Negotiating Reduced Charges in Property Damage Cases
Even if defenses are limited, an attorney may be able to negotiate with prosecutors to avoid a felony conviction. Depending on the circumstances, potential options include:
- Misdemeanor plea bargain to a lesser offense
- Pre-trial diversion program resulting in dismissed charges
- Restitution agreement to pay for damages
Skilled counsel can sometimes achieve a positive resolution of a destruction of property case without the severe consequences of a felony conviction.
Finding the Best Attorney for a Government Property Damage Case
Facing federal criminal charges for damaging government property can be overwhelming. But an experienced defense lawyer can protect your rights and future. Seek out counsel with a proven record of achieving successful case outcomes.
Retaining skilled legal representation immediately also gives you the best chance to avoid a conviction that will follow you for life. Do not wait to get help fighting federal charges for destruction of government property.
Additional Resources
For more information on destruction of government property charges, see:
-
- 18 U.S. Code § 1361 – Full text of the federal statute from Cornell Law School.
- DOJ Manual on 18 U.S.C. § 1361 – Federal prosecution guidance.
Destruction of Government Property | 18 U.S. Code § 1361
Intentionally vandalizing or damaging federal property can lead to criminal charges under 18 U.S.C. § 1361. This law prohibits depredation against any U.S. government property, making violators liable for fines or imprisonment up to 10 years. However, certain defenses may apply in fighting these allegations. Here we discuss the law’s scope, sentencing factors, and strategies for defending against accusations.
Types of Property Covered Under the Statute
The law encompasses destruction, degradation or damage to any type of federal government property, either tangible or intangible. This includes but is not limited to:
- Federal buildings, land, infrastructure
- National monuments, memorials
- Military bases, equipment, naval vessels
- National parks, forests, reserves
- Post offices, mailboxes
- Courthouses, federal prisons
- Computers, data, servers
- Motor vehicles, aircraft
There is no minimum dollar amount threshold for charges. Even minor damage can trigger prosecution if intentional.
Required Mindset Under the Statute
For conviction under § 1361, prosecutors must establish beyond reasonable doubt that the defendant:
- Knowingly and willfully damaged or attempted to damage government property
- Acted intentionally or maliciously rather than accidentally
- Was aware the property belonged to the federal government
Lack of knowledge regarding ownership or unintended harm may provide defenses.
Factors That Impact Sentencing
Statutory penalties upon conviction include:
- Up to 10 years imprisonment
- Fines at the court’s discretion
- Restitution to repair damages
In determining appropriate sentences, courts consider:
- Extent of damages, loss, costs
- Defendant’s willingness to compensate victims
- Use of dangerous methods
- Prior criminal history
- Moltive behind the crime
Experienced counsel may argue mitigating factors to seek reduced sanctions.
Common Defenses Against § 1361 Charges
Viable defenses to government property damage allegations may include:
- Lack of intent – You had no desire to damage the property.
- No knowledge – You did not know the property belonged to the federal government.
- Diminished capacity – Mental conditions inhibited ability to form intent.
- Intoxication – You were impaired and unable to form willful intent to destroy property.
- Necessity/duress – External threats or emergencies led to the damage.
- Self-defense – Your actions protected yourself or others from harm.
Skilled criminal defense lawyers can evaluate the facts and customize the best defense tactic.
Plea Bargaining in Property Damage Cases
Another option your counsel may pursue is attempting to plea bargain for lesser penalties. This may involve:
- Pleading to misdemeanor charges instead of felonies
- Agreeing to pay restitution for damages
- Accepting pretrial diversion programs
- Consenting to probation and community service
- Waiving appeal rights in exchange for lower sentences
A reduced plea deal avoids the risks and expenses of trial.
Key Takeaways
To summarize key tips regarding destruction of federal property allegations:
- Retain experienced counsel immediately after charges are filed.
- Consider all potential defenses based on your unique circumstances.
- Try negotiating plea bargains that minimize penalties if conviction seems likely.
- Explore alternative resolutions through pretrial diversion and restitution.
- Your lawyer can advocate for the most favorable outcome possible.
Facing § 1361 charges is daunting, but skilled defense representation makes a big difference. With their guidance, the repercussions can often be mitigated.
Useful Resources
- DOJ § 1361 Criminal Resource Manual
- Full Text of 18 U.S. Code § 1361
- Penalties for Federal Property Damage/Destruction
Damaging federal property leads to severe charges, but solid defense representation can help mitigate outcomes. With an experienced attorney fighting for you, the penalties for § 1361 violations may be reduced.