I am attempting to charge a guy who tagged some college dorms. Trouble is, I don't know if I can make it a SJF under 28.08(d)(1). Does "on...an institution of higher education" equate to the inclusion of dormitories? Could not find any case law this morning.

As always, thanks for the responses.

Jason Espinosa
Assistant District Attorney
Nueces County, Texas

If it's a private dormitory it wouldn't fit the definition of Educ Code 61.008. Otherwise go for it. And keep the guy away from my neighborhood, OK?

I have not dealt with this issue before, but I think the dorm would be included. The heart of the offense is marking "tangible property" without consent of the owner. At trial, the person who testifies as the "owner" can testify to facts that prove the college is an institution of higher education, and can also state that the dorm is tangible property located on the grounds of the college, owned and maintained by the college, for the exclusive use of students enrolled in the college, etc. In short, the dorm is an integral part of the institution (assuming my description is correct).

I can see what will happen when the dean gets word of this:

"Who dumped a truckload of fizzies into the pool before the swim meet? Who delivered the medical school cadavers to the alumni ball? Every Halloween, the trees are filled with underwear. Every spring, the toilets explode."

"You're talking about Delta, sir."

"Of course I'm talking about Delta, you twerp."

quote:

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Originally posted by Scott Brumley:
I can see what will happen when the dean gets word of this:

"Who dumped a truckload of fizzies into the pool before the swim meet? Who delivered the medical school cadavers to the alumni ball? Every Halloween, the trees are filled with underwear. Every spring, the toilets explode."

"You're talking about Delta, sir."

"Of course I'm talking about Delta, you twerp."

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I guess I should start calling you Dean Wormer. That was a VERY BAD movie to have come out as I was a freshman in college!

Guess whose fence was tagged last night.