Which of the following best defines criminal damage?

• A. Causing damage or destruction of property belonging to another person, intending to damage or to destroy it, or being reckless as to whether damage occurs, without lawful excuse
• B. Damaging only one's own property with consent
• C. Damage to property that belongs to yourself with permission
• D. Damage to property by natural disasters

Answer: (A)

Criminal damage comes from destroying or damaging property that belongs to someone else, where you either intend to cause the damage or are reckless as to whether damage occurs, and there is no lawful excuse for doing it. The crucial elements are: the property must belong to another person, the act must involve destruction or damage, your mental state must be intent to damage or recklessness about the damage, and there must be no lawful justification for what you did.

This means that damaging a neighbor’s property on purpose fits, and so does causing damage while you foresee a real risk that damage will happen and you proceed anyway. But damage to your own property, or damage with the owner’s consent, or damage caused by natural disasters, does not meet the definition. A lawful excuse can also bar liability, such as situations where the act is authorized by law or justified by a legitimate defense.