In Fort Collins and Larimer County, Criminal Mischief is charged when a person causes damage to another person’s property. Recently, white supremacist propaganda stickers have been found all over a well-known Denver park along with other public places in Colorado. People have been removing the stickers and it’s come into question as to whether criminal charges could be filed against those putting the stickers up. Law enforcement replied that if the sticker caused damage to personal property, then Criminal Mischief could be charged. The problem is, it’s unlikely that a) they could identify the specific person who put the sticker up, b) that they could justify any of the property as personal property, as they were found in public places and c) that the stickers caused any real property damage. Yes, they may be a pain to remove, but it didn’t likely cause damage. While I totally understand the desire to put an end to all the negativity, it seems that criminal charges are not forthcoming in this situation.
Fort Collins Criminal Mischief Lawyer: Stickers Criminal Mischief Definition in Colorado
Criminal Mischief – C.R.S. 18-4-501 – in Fort Collins and Larimer County is defined as:
If these stickers had been placed on mailboxes or homes, then there might be an argument for criminal mischief. But, since it was placed on public property (not owned personally) then it doesn’t meet the criteria for the crime.
How is Criminal Mischief Charged in Loveland and Estes Park?
In Fort Collins, Loveland, and Estes Park, Criminal Mischief is:
- A class 3 misdemeanor when the aggregate damage to the real or personal property is less than three hundred dollars;
- A class 2 misdemeanor when the aggregate damage to the real or personal property is three hundred dollars or more but less than seven hundred fifty dollars;
- A class 1 misdemeanor when the aggregate damage to the real or personal property is seven hundred fifty dollars or more but less than one thousand dollars;
- A class 6 felony when the aggregate damage to the real or personal property is one thousand dollars or more but less than five thousand dollars;
- A class 5 felony when the aggregate damage to the real or personal property is five thousand dollars or more but less than twenty thousand dollars;
- A class 4 felony when the aggregate damage to the real or personal property is twenty thousand dollars or more but less than one hundred thousand dollars;
- A class 3 felony when the aggregate damage to the real or personal property is one hundred thousand dollars or more but less than one million dollars; and
- A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.
It’s likely that if any charges were filed related to the stickers, it would be the lowest level misdemeanor.