AGRICULTURAL VANDALISM & AGRICULTURAL CROP DESTRUCTION IN PA

Pennsylvania criminal law treats the damage or destruction of farmland, crops and equipment seriously. If you stand accused of damaging agriculture or agricultural products, you may find yourself facing felony charges for Agricultural Vandalism and Agricultural Crop Destruction in Pennsylvania.

What is Agricultural Vandalism?

The crime of Agricultural Vandalism can be found at Title 18 Section 3309 of the Pennsylvania Crimes Code. A person commits this offense if he or she intentionally or recklessly defaces, marks or otherwise damages the real or tangible personal property of another, where the property is used in agricultural activity or farming. Property is used for agricultural activity or farming if it is used for research activity, record-keeping, data and data gathering equipment related to agricultural products and commercial production of crops, livestock, meat, dairy, fruits and vegetables.

Agricultural vandalism is graded as follows:

  • 3rd Degree Felony punishable by a maximum sentence of up to 7 years in jail if the property damage or replacement value is $5,000 or greater;

  • 1st Degree Misdemeanor punishable by a maximum sentence of up to 5 years in jail if the property damage or replacement value is greater than $1,000 but less than $5,000; and

  • 2nd Degree Misdemeanor punishable by a maximum sentence of up to 2 years in jail if the property damage or replacement value is greater than $500 but less than $1,000.

What is Agricultural Crop Destruction?

The crime of Agricultural Crop Destruction can be found Title 18 Section 3310 of the Pennsylvania Crimes Code. A person commits this offense if he or she intentionally and knowingly damages any field crop, vegetable or fruit plant or tree that is grown, stored or raised for scientific or commercial purposes or for any testing or research purpose in conjunction with a public or private research facility or a university or any Federal, State or local government agency.

All Agricultural Crop Destruction offenses are graded as 2nd Degree Felonies punishable by a maximum sentence of up to 10 years in jail. Additionally, a person convicted of this offense is required to pay restitution to the owner of the crops for the following:

  • Value of the damaged crop;

  • Disposal of the damaged crop;

  • Property cleanup; and

  • Lose revenue for the aggrieved owner of the damaged crops.

Why am I being charged with Agricultural Vandalism and Crop Destruction?

Someone involved with damaging farmland, crops and machinery may find themselves charged with one or both of these offenses. The Agricultural Crop Destruction charge applies specifically to crops such as fruits, vegetables, soybeans, corn, trees and related crops. An offender may also be charged with Agricultural Vandalism for damaging both farmland and industrial equipment.

In Pennsylvania, the most common activity that our firm has seen regarding this behavior applies to individuals who drive on or do “donuts” on farmland. In this situation, the client may face Agricultural Vandalism charges for damaging the land and Agricultural Crop Destruction for damaging the crop itself (i.e. soybeans).

The Zuckerman Law Firm can help

If you are facing charges for Agricultural Vandalism or Crop Destruction, our office can help. For a free consultation, please call 412-447-5580. Although we can never promise or guarantee an outcome, our office has successfully helped others avoid a criminal record for these offenses.