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In recent years, a troubling trend has emerged as climate activists, protestors, and other bad actors have targeted priceless works of art and other cultural objects for damage and destruction. These acts, often intended to draw attention to urgent issues, instead leave lasting scars on humanity’s cultural heritage and the institutions that house and protect that heritage. As this trend has gotten worse, so, too, has the need grown for effective solutions to combat the threat.  While we might hope that public outcry and negative reaction would be enough to dissuade this reprehensible activity, efforts to carry out such attacks seem to only be on the rise.  

What the United States needs is effective federal legislation to criminalize the intentional damaging of art and other cultural objects.  Some countries across the European Union have already begun efforts to crack down on this type of criminal activity. Unfortunately, that federal legislation currently doesn’t exist in the United States.  Today, the only existing U.S. federal statute designed to protect fine art, 18 U.S.C. § 668, focuses on the theft of major artworks. It does not address the growing menace of vandalism and destruction. It is high time for Congress to either amend this statute or create a stand-alone law to ensure our irreplaceable artworks are comprehensively protected.

Gaps in Our Current Legislation Leave Cultural Heritage Vulnerable

Section 668 of Title 18, entitled “Theft of Major Artwork,” provides federal protection from, and criminal prosecution for, theft of artwork and other objects of cultural heritage in United States museums, specifically recognizing that the activities of these museums affect interstate and foreign commerce. However, this statute does not encompass damage or destruction (nor does it contemplate attempted theft, but that’s a subject for another day), leaving a significant gap in our federal legal protections. 

While certain state laws protecting against property damage and vandalism may be available, a far better solution is a federal law that could be applied consistently and that would allow federal resources to be brought to bear on this very real and present problem. Given the recent and continuing spate of attacks on artworks, it is imperative that our laws evolve to meet these new challenges and to speak clearly and loudly that no one has the right to damage the property of others, an act that is particularly heinous when directed at the world’s cultural heritage.

A Rising Threat: Recent Incidents of Vandalism Against Art

Recent news stories highlight the urgent need for enhanced legal protections for artworks:

• 1^st century B.C. “Lacoon” Sculpture Attacked – In August 2022, in the Vatican Museum, climate activists glued their hands to the base of the sculpture, causing permanent damage to the marble base.
• Monet’s “Haystacks” Attacked: In October 2022, activists glued themselves to Claude Monet’s “Haystacks” at the Museum Barberini in Potsdam, Germany. The painting suffered damage to its frame and minor damage to its surface, raising concerns about the effectiveness of current security measures.
• Targeting the National Gallery: In October 2022, activists glued themselves to John Constable’s “The Hay Wain” at the National Gallery in London. They also covered the painting with a printed image of a dystopian vision, causing outrage and emphasizing the need for better protections.
• Vermeer’s “Girl with a Pearl Earring” Attacked”: In October 2022, at the Maurithuis in the Hague, a protestor attempted to glue his head to the painting.
•  Klimt’s “Life and Death” Attacked:  In November 2022, at the Leopold in Vienna, protestors threw an oily black substance on the painting and one protestor glued his hand to the glass.
• Destruction of the Bust of Ramesses II: In 2023, a protester shattered an ancient Egyptian bust of Ramesses II in a museum in Europe, leading to an irreversible loss of historical and cultural value.
• Two 2^nd century Roman Statues Damaged: In October 2023, a tourist smashed and damaged the statues in the Israel Museum in Jerusalem.
• Velazquez’s “Rokeby Venus” Attacked: In November 2023, at the National Gallery in London, climate activists struck, with hammers, the glass that protected the painting.
• Portrait of Arthur Balfour Defaced: In March 2024, at Cambridge University, protestors slashed and severely damaged the portrait,
• Case Containing Original Copy of Magna Carta Attacked: In May 2024, at the British Library, two climate activists attacked the glass case containing the document.
• Monet’s “The Poppies at Argenteuil” Attacked: In June 2024, at the Musée d’Orsay in Paris, a protestor applied an adhesive paste to the painting, which was not protected by glass.

These incidents underscore the need for legislation that addresses the devastating acts of vandalism and destruction of cultural treasures in museums. Though Europe has borne the brunt of these incidents, there have already been a number of such attacks in the United States. We should not wait until this trend grows within our own shores. The time to act is now.

Crafting Comprehensive Legislation to Protect Cultural Heritage Against Damage

To address this growing threat, Congress should either amend 18 U.S.C § 668 or introduce a new statute with the following provisions:

1. Inclusion of Damage and Destruction: This new legislation should provide criminal penalties, including imprisonment and fines, for any intentional damage to, or destruction of, objects of cultural heritage held by museums. This would be similar to the provision under the Archaeological Resources Protection Act of 1979 (“ARPA”), 16 U.S.C. § 470ee(a), under which the damage, alteration or defacing of an archaeological resource (or attempting to do so) is prohibited.
2. Damage Assessment by Certified Appraisers: In cases of damage, certified appraisers should be required to assess the extent and cost of the damage, restoration and repair. This ensures an objective and accurate determination of the impact, and there is already existing precedent in the cultural heritage space, such as under ARPA. 
3. Threshold for Legal Action: There are several options to use as a threshold.  One option would be to mimic the existing penalties under 18 U.S.C. § 668,  providing that damage resulting in costs exceeding $5,000 USD, whether related to conservation, repair, loss of value, or otherwise, should be considered a criminal offense. Another option would be to mirror the existing penalties under ARPA, 16 U.S.C. § 470ee(d). With this option, anyone violating the statutory provision would be fined not more than $10,000 or imprisoned for not more than one year.  If, however, the cost of restoration and repair was more than $500, the perpetrator would be fined not more than $20,000 or imprisoned not more than two years. Further, in the case of a second or subsequent violation and conviction, the perpetrator would be fined not more than $100,000 and/or imprisoned not more than five years.

Legal Requirements and Principles for a Statute Prohibiting Intentional Damage to Artworks

Under 18 U.S.C. § 668, as currently enacted, for a theft to come under the statute’s protection, the object must have been stolen from a permanent institution in the United States that was established for an aesthetic or education purpose, that has a professional staff, and that exhibits objects to the public on a regular basis.

In addition, the Theft of Major Artwork statute requires that the museum’s activities affect interstate or foreign commerce.  This is a federal jurisdictional requirement that can be met in a number of ways by almost any museum in the United States. For example, objects that are loaned to or by a museum, or that are purchased, bequeathed, or entrusted to a museum often travel in interstate or foreign commerce.  

In addition, museums, by their very nature, enjoy diverse visitation from people traveling across interstate and international boundaries. Those visitors spend money in these museums, whether through admission prices, concessions, gift shop purchases or otherwise. Museums themselves spend money for items such as insurance, advertising and supplies.  Nearly all, if not all, of these transactions affect interstate or foreign commerce and would necessarily trigger federal protection.  And, if that’s not enough,  many museums (though not all, of course) receive federal funding of some sort.  

The same legal requirements and jurisdictional basis applied to existing theft statutes would likewise apply to acts of damage and destruction to objects held by museums. We must keep in mind that damage to these objects disrupts the activities of the museum and potentially takes those objects from public exhibition for at least some period of time – likely changing the public’s viewing experience of those objects. 

Moreover, museums face a multitude of issues after an attack on an artwork, just as they would with a theft.  These issues, at a minimum, would revolve around enhanced security efforts, insurance costs, loss of reputation and potential impact on donations, all affecting commerce in some fashion.  

The potential costs don’t stop there.  When artworks are damaged (and oftentimes that damage is unseen by the layperson) museums may face intensive and expensive restoration and repair treatments.  Even if an attack fails to damage an artwork, they still face the certainty of costly cleaning of that artwork and potentially the gallery.  Clearly, vandalism and destruction of a museum’s holdings have a similar impact as theft of art from the museum.

Demand Congress Expand Protection for Cultural Objects

Our cultural heritage, embodied in artworks and other objects, is a precious and irreplaceable asset that must be protected from all forms of harm. By amending Theft of Major Artwork (18 U.S.C. § 668) or by creating a new statute that addresses damage and destruction to artwork, Congress can ensure that future generations inherit a world rich in artistic and historical treasures. It is time for our lawmakers to act decisively to safeguard our cultural legacy against those who seek to harm it. Let’s come together to protect the masterpieces that define our humanity.

We call upon every citizen and institution concerned about protecting and preserving our cultural heritage to take a stand.  Contact your congressional representatives to demand action.

By: Tim Carpenter and KT Newton

[Banner image: case holding U.S. Constitution vanalized with red powder, February 2024. Obtained by CNN]