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18 U.S.C. § 1361 – Malicious mischief against U.S. government property
18 U.S.C. § 1361 – Malicious Mischief Against U.S. Government Property
Destroying or damaging federal government property can lead to serious criminal charges under 18 U.S.C. § 1361. This law makes it a federal crime to “willfully injure or commit any depredation against any property of the United States.” Let’s break down what this law means and what the penalties are for violating it.
What is Considered Federal Government Property?
18 U.S.C. § 1361 protects all property owned by or under the control of the U.S. government, including:
- Federal buildings like courthouses, post offices, or military bases
- National parks, forests, or other federal lands
- Roads, bridges, or infrastructure projects funded by the federal government
- Vehicles, equipment, or supplies used by federal agencies
- Historical sites or monuments on federal property
- Border walls, fences, or barriers
Even partially damaging or attempting to damage federal property could lead to prosecution under this statute. For example, spray painting graffiti on a national monument or slashing the tires of a government vehicle would likely qualify.
What are the Penalties for Violating 18 U.S.C. § 1361?
The penalties for destroying federal property depend on the extent of the damage:
- If the damage exceeds $1,000, the crime is punishable by up to 10 years in federal prison and/or a fine.
- If the damage is $1,000 or less, the maximum sentence is 1 year in prison and/or a fine.
Factors that could increase the sentence include:
- Prior criminal record
- Evidence of malicious intent or planning
- High value of destroyed property
- Disrupting key government services
- Causing injury to others
What are Some Examples of Prosecutions under This Law?
Here are a few real-world examples of people charged under 18 U.S.C. § 1361:
- A man received over 3 years in prison for deliberately driving his truck through the doors of a federal courthouse in South Carolina, causing over $200,000 in damage.
- Environmental activists were sentenced to 6 months in prison for sabotaging bulldozers and excavators at a pipeline construction site on federal land.
- A group of protesters convicted of tearing down and burning border fences along the U.S.-Mexico border faced up to 20 years in prison.
- A teenager was charged as an adult after firebombing U.S. Forest Service vehicles used for fighting wildfires.
What are Some Defenses to 18 U.S.C. § 1361 Charges?
While destroying federal property is a serious federal crime, there are some legal defenses that a skilled defense attorney could raise in your case, such as:
- Lack of criminal intent – The prosecution must prove you “willfully” damaged the property. If it was an accident, you may not have the requisite intent.
- Intoxication – Evidence of heavy alcohol or drug use could potentially negate the intent element.
- Mistake of fact – Believing you had permission to use the property or that it was not government-owned could undermine intent.
- Duress – Committing the act under threat of harm may provide a defense.
- Necessity – Causing minor damage to save lives in an emergency situation may justify breaking the law.
While these defenses do not always work, an experienced federal criminal defense lawyer may be able to get your charges reduced or even dismissed by presenting evidence to support them.
18 U.S.C. § 1361 falls under a broader category of federal property crimes called “malicious mischief.” Some other related laws include:
- 18 U.S.C. § 1362 – Damaging communications systems like phone lines or radio towers used by the federal government.
- 18 U.S.C. § 1363 – Maliciously destroying or damaging buildings, vehicles, or other property owned by the federal government.
- 18 U.S.C. § 1366 – Damaging or interfering with the operation of an energy facility like a power plant or oil pipeline.
Prosecutors can often charge multiple counts under these related statutes for a single incident of destroying federal property. The penalties for each count may be stacked consecutively.
The Bottom Line
Intentionally damaging federal property is not taken lightly by prosecutors, and can result in years behind bars along with massive fines under 18 U.S.C. § 1361. If you are being investigated or charged under this statute, retaining an experienced federal criminal defense attorney is critical to build the strongest case possible in your defense.