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;

and

            (2)  that the defendant did so by the painting or other permanent

                   application of graffiti directly onto such property;

and

            (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.

FOOTNOTES

  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).

COMMENTS

            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).