James K. Minick

James K. Minick

Damaging another person’s property is a serious offense since it involves an individual intentionally and willfully damaging another’s property. Since this person is actively making the decision to damage another person’s property, there is a public interest in deterring this criminal action since the owner of property should be the only who is allowed to decide how to use his property.

The following offenses outline the required elements of each offense and the potential punishments that an individual faces upon conviction. In order to obtain a conviction, the State must prove each element beyond a reasonable doubt.

Injury to Real Property

Elements

A person is guilty if they:

  1. Willfully and wantonly
  2. Damage, injure or destroy
  3. The real property of another

Real property is land or anything attached or fixed to land. This could be fences, buildings, etc.

Punishment

If a person is guilty of injury to real property, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-127.

Defacing a Public Building

Elements

A person is guilty if they:

  1. Write on mark, deface, or injure
  2. The walls of any public building or facility or statue or monument in a public place

Punishment

If a person is guilty of defacing a public building, they are guilty of a Class 2 misdemeanor under N.C. Gen. Stat. § 14-132(d).

Injury to Trees, Crops, or Lands of Another

Elements

A person is guilty if they:

  1. Willfully
    1. Damage any land or growing thing or
    2. Cut, break, injure, or remove from the land a tree plant or flower
    3. Without the consent of the owner

Punishment

If a person is guilty of injury to trees, crops, or lands of another, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-128.

Injury to Personal Property

Elements

A person is guilty if they:

  1. Willfully and wantonly
  2. Injure
  3. The personal property of another

Punishment

If a person is guilty of injury to personal property, they are guilty under N.C. Gen. Stat. § 14-160 of:

  • A Class 1 misdemeanor if the value of the property is greater than $200
  • A Class 2 misdemeanor if the value of the property less than $200

Damaging a Computer or Related Equipment

Damaging a Non-Government Computer (Misdemeanor)

Elements

A person is guilty if they:

  1. Willfully
  2. Without authorization
  3. Alter, damage, or destroy
  4. A computer, computer program, computer system, computer network, or any part thereof

Punishment

If a person is guilty of damaging a computer or related equipment, they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 14-455(a).

Damaging a Non-Government Computer (Felony)

Elements

A person is guilty if they:

  1. Willfully
  2. Without authorization
  3. Alter, damage, or destroy
  4. A computer, computer program, computer system, computer network, or any part thereof
  5. And the damage is more than $1,000

Punishment

If a person is guilty of damaging a non-government computer, they are guilty of a Class G felony under N.C. Gen. Stat. § 14-455(a).

Damaging a Government Computer

Elements

A person is guilty if they:

  1. Willfully
  2. Without authorization
  3. Alter, damage, or destroy
  4. A government computer

Punishment

If a person is guilty of damaging a government computer, they are guilty of a Class F felony under N.C. Gen. Stat. § 14-455(a1).

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