G.L. c. 266 § 127

• A person is guilty of wanton destruction of property if the Commonwealth can prove three elements, beyond a reasonable doubt:
  • (1) That the defendant injured or destroyed the personal property, dwelling house, or building of another;
  • (2) That the defendant did so wantonly; and
  • (3) That the amount of damage inflicted to the property was more than $250
    • *The third element only applies if the property alleged is valued greater than $250, otherwise the Commonwealth is not required to satisfy the third element*
• Practice Notes
  • An act of destruction is wanton if the person was reckless or indifferent to the fact that his conduct would probably cause substantial damage
  • Conduct is wanton if (1) the defendant knew it would create a risk of substantial damage or destruction to another’s property, or (2) a reasonable person – knowing what the defendant knew – would have realized the act posed a risk of substantial damage to or destruction of another’s property