Under Texas law, when you take or damage a campaign sign that isn’t yours, it’s a crime. A campaign sign is considered tangible personal property.
Stealing a sign is considered theft. Damaging a sign is vandalism/criminal mischief. The punishment will depend on the total value of the sign(s) stolen.
Theft and criminal mischief penalties in Texas:
- Under $100 = Class C misdemeanor. Punishable by a fine of up to $500.
- $100 to $749 = Class B misdemeanor. Punishable by a fine of up to $2,000 and up to 180 days in jail.
- $750 to $2,499 = Class A misdemeanor. Punishable by a fine of up to $4,000 and up to 1 year in jail.
- Over $2,500 = State Jail Felony (punishments vary by amount stolen)
Penalties could increase if it’s not a first time offense. Additionally, entering someone’s yard to steal or damage a sign could be considered trespassing.
Live in an HOA? An HOA cannot prohibit residents from having signs within the 90 days before an election or 10 days afterwards. Signs are allowed to be up to 4’x6′. HOAs can adopt measures to limit the quantity of signs for a single candidate/cause, restrict the size of signs greater than 4’x6′, and/or the manner in which it is mounted.
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