HR-9575-119
Referred to the House Committee on the Judiciary.
Sponsored by Pat Fallon (R-TX)
What it does
This bill would amend 18 U.S.C. § 1361, the federal statute covering willful damage to U.S. government property, by lowering the dollar threshold that separates a misdemeanor from a felony. Currently, damage of $1,000 or more triggers felony charges; this bill would lower that threshold to $500. The change would apply to both completed damage and attempted damage.
Who benefits
Federal prosecutors, who would have broader authority to bring felony charges in property damage cases. Federal agencies and property managers whose assets are damaged, as the lower threshold may deter vandalism. Victims of vandalism on federal property who may see stronger legal consequences for offenders. Taxpayers, to the extent that stronger deterrence reduces repair costs for federal property.
Who is hurt
Individuals charged with damaging federal property valued between $500 and $999, who would now face felony rather than misdemeanor charges — with significantly higher potential penalties, including longer prison sentences and lasting collateral consequences such as loss of voting rights, employment barriers, and ineligibility for certain federal benefits. This group could include protesters, trespassers, or individuals who cause accidental or minor damage. Public defenders and legal aid organizations may face increased caseloads from additional felony prosecutions.
Supporters argue
Supporters argue that the original $1,000 threshold has not been adjusted for inflation and that $1,000 in purchasing power today is substantially lower than when the statute was last set, meaning the effective deterrent has eroded over time. They contend that lowering the threshold to $500 restores the original intent of the law and ensures that individuals who cause meaningful damage to public property — which belongs to all Americans — face appropriate accountability rather than a lesser misdemeanor charge.
Opponents argue
Opponents argue that lowering the felony threshold to $500 would expose individuals to life-altering felony convictions for relatively minor property damage, a punishment disproportionate to the offense under Eighth Amendment proportionality principles. They contend that the change could have an outsized impact on protesters and low-income individuals, and that misdemeanor charges already provide sufficient deterrence and punishment for damage in the $500–$999 range without the severe collateral consequences of a felony record.
Constitutional context
The Eighth Amendment prohibits cruel and unusual punishment, including grossly disproportionate sentences. While courts have generally deferred to Congress on felony thresholds, the Supreme Court's proportionality analysis — applied in cases like Timbs v. Indiana (2019) regarding excessive fines — could be relevant if felony penalties imposed under the lower threshold are challenged as disproportionate to the underlying conduct.
Checks and balances
Congress sets the felony threshold; federal prosecutors retain discretion over whether to charge; federal courts apply sentencing guidelines and may review proportionality challenges under the Eighth Amendment.
Historical precedent
The federal government has periodically adjusted criminal damage thresholds in various statutes, but no single landmark legislation directly analogous to this specific threshold change in § 1361 is on record.