Can I Get Arrested for Egging a House?

March 17, 2022 Don Pumphrey, Jr. Criminal Defense Social Share

Spring Break season is officially here, and students from all over the country are enjoying some well-earned time off from school. During school breaks students can pull stunts and pranks like egging a house. Egging is pretty self-explanatory. It involves throwing eggs at houses, cars, or people. The eggs are usually raw, but more nefarious “pranks” can involve the use of rotten eggs or hard-boiled eggs for more damage potential. Eggs are capable of causing real harm to people and property. But is egging illegal in the State of Florida? If so, what are the penalties and defenses? We will explore that and more in our blog post!

The Statute

Egging can be illegal and categorized as vandalism. For minor cases that do not cause damage, police will usually just make the kids clean up their mess and contact their parents and the homeowners suffering the prank. But just because one officer is lenient does not mean the act is legal. The offense would technically be criminal mischief. Criminal mischief can either be a felony or a misdemeanor. Pursuant to Florida Statute Section 806.13, criminal mischief charges mean that whoever did the egging acted “willfully and maliciously with the intention to damage property that belonged to another.” The statute includes “the placement of graffiti . . . or any other acts of vandalism . . . .”

Penalties for Egging a House

The statute also lays out the penalties for such a charge, which depends on the cost of the damage:

• “If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.”
• “If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.”

Additionally, the statute provides for enhancements in specific scenarios:

• “If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
• “If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
• “Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue, mosque, or other place of worship, or any religious article contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to the property is greater than $200.”
• “Any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial or historic property, as defined in s. 806.135(1), and the value of the damage to the memorial or historic property is greater than $200, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A court shall order any person convicted of violating this subsection to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.”
• “Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any other apparatus, equipment, or appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public telephone, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; provided, however, that a conspicuous notice of the provisions of this subsection and the penalties provided is posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the offense.”
• “Any person who willfully and maliciously defaces, injures, or damages by any means a sexually violent predator detention or commitment facility, as defined in part V of chapter 394, or any property contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to property is greater than $200.”

Not only will the offender suffer the above penalties, but they will also be required to pay for the damages caused.

Specific Punishments for Minors

Bad news students, there are specific penalties relating to minors committing this offense. The statute states:

• “If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine. The court may decline to order a person to pay a fine under paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court finds that the person does not have the ability to pay the fine whether or not the person is indigent.”
• “In addition to any other penalty provided by law, if a minor is found to have committed a delinquent act under this section for placing graffiti on any public property or private property, and:
  • The minor is eligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor’s driver license or driving privilege for not more than 1 year.
  • The minor’s driver license or driving privilege is under suspension or revocation for any reason, the court may direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of not more than 1 year.
  • The minor is ineligible by reason of age for a driver license or driving privilege, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for not more than 1 year after the date on which he or she would otherwise have become eligible.”

(9) ”A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (8) may elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor’s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor’s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term “community service” means cleaning graffiti from public property.”

Tallahassee Criminal Defense Attorney

Criminal mischief charges are no joke, even if they arise out of one. If you or a loved one has been charged with criminal mischief in Florida, contact a qualified Tallahassee criminal defense attorney as soon as possible. Don Pumphrey and the members of the legal team at Pumphrey Law Firm have decades of experience and will fight zealously for your freedom. Contact us today at (850) 681 – 7777 or send an online message today to discuss your legal matter during an open and free consultation with an attorney in our team.

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