Destruction of Property Viral Video: Is This Woman Guilty?
This video shows a revenge scheme by a jilted woman. The woman uses a hammer and spray paint to send a message to her ex, commemorating the third anniversary of catching him cheating on her. However, is she guilty of the destruction of property that follows?
Destruction of Jointly Owned Property
If you own property, you can do anything you want with it. You can remodel it, tear it down, or, like this woman, destroy it. However, the situation may be different if you share ownership of the property.
If you own the property with another person, the other person must consent to any alterations to the property. If you make alterations without their consent, the other person could sue you.
This woman owned the property with her ex. He is likely not going to appreciate her, especially the alterations. Therefore, he has the right to sue her for property destruction. Additionally, the fact that she filmed herself destroying the property and posted it publicly will not help her case.
Destruction of Property in Divorce
Property destruction often occurs during a divorce. Couples frequently become upset with each other and destroy each other’s belongings. However, before the divorce is finalized, both spouses own the property and everything in it.
For example, take the case of N.T.B vs. D.D.B, two divorcing spouses who fought in their home. Their 8-year-old daughter became upset because they were fighting and locked herself in her room. Her father, N.T.B., broke the door down.
The mother, D.D.B., sued the father. The courts ruled in her favor. They concluded that “each co-tenant has a separate and distinct freehold title, and each holds his or her title and interest dependently of the others.” Therefore, N.T.B destroyed “the property of another.”
It is unclear whether the woman in the video is still married to her ex, but if they are both on the mortgage, her actions would be considered destruction of property.
What are the Punishments?
Authorities can classify the destruction of property as a misdemeanor or felony depending on the value of the property destroyed and the nature of the crime.
The woman in the video would be guilty of vandalism. Authorities would charge her with a misdemeanor if the value of the vandalized property falls below a certain amount. If the value exceeds that amount, they would charge her a felony.
For example, in California, the destruction of property under $400 is a misdemeanor punishable by a fine of up to $1000 and up to a year in prison. The defendant may also have to cover the cost of the damages.
If the destruction of property exceeds $400, the defendant will face felony charges, leading to fines of several thousand dollars and multiple years in prison. Since the woman in the video destroyed an entire wall of her property, likely incurring damages over $400, so she would be liable for a felony.
Moreover, the woman may also be charged with criminal vandalism because she intentionally destroyed the property.
What are the Different Types of Property Destruction?
The woman in the video committed vandalism by intentionally damaging property without the owner’s consent.
Other types of destruction of property include:
- Trespassing: Entering or remaining on someone’s property without their consent
- Aggravated Criminal Property Damage: This may include knocking over a headstone, removing valuable copper piping from a home, or intentionally withholding food or water from livestock
- Recklessly damaging property: Defacing, damaging, or tampering with property to reduce its value or functionality