Which elements must be proven for criminal damage?

• A. The defendant intended to damage or destroyed property, and did so.
• B. Without lawful excuse, the defendant damages or destroys property belonging to another, with intent to destroy or damage, or acts recklessly.
• C. The defendant damaged property with owner's consent.
• D. The defendant caused damage but had a lawful excuse.

Answer: (B)

Criminal damage hinges on three things at once: the act of damaging or destroying property, the lack of a lawful excuse, and the mental state behind the act. The property damaged must belong to another, and the defendant must have intended to destroy or damage, or acted recklessly as to whether damage would occur. The best answer captures all of these core elements: no lawful excuse, property belonging to someone else, and the mens rea being either intent to destroy or damage or recklessness. If the property owner consented, that would provide a lawful excuse, so the act would not be criminal. Similarly, having a lawful excuse means the offense isn’t made out, even if damage occurs.