T.P.I. -- CRIM. 14.13
DEFACEMENT OF GOVERNMENT PROPERTY
Any person who commits the offense of defacement of government property is guilty of a crime.
For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:1
(1) that the defendant damaged or defaced real or personal property of
the state or a subdivision thereof;
(2) that the defendant did so by the painting or other permanent
application of graffiti directly onto such property;
(3) that the defendant acted knowingly.
"Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to the result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.2
The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.3
"Intentionally" means that a person acts intentionally with respect to the nature of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.4
"Graffiti" means markings, letters, slogans, scribblings or drawings, written, printed or sketched.
1. Tenn. Code Ann. § 39-14-412(b).
2. Tenn. Code Ann. § 39-11-106(a)(20).
3. Tenn. Code Ann. § 39-11-301(a)(2).
4. Tenn. Code Ann. § 39-11-106(a)(18).
1. Defacement of government property is a Class B misdemeanor, punishable by not less than 25 hours of community service work. Tenn. Code Ann. § 39-14-412(c).