After art vandalism protests, Consequences for Climate Vandals Act would double maximum punishment from five to 10 years prison

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GovTrack Insider
Published in
3 min readDec 20, 2023

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Sen. J.D. Vance (R-OH)

Jackson Pollock paintings already look like they’ve been vandalized.

Context

In 2022 and 2023, climate activists have increasingly taken to vandalizing works in art museums to stage public protests for their cause.

In the U.S., two climate activists in April smeared red and black paint over the glass display case for the sculpture Little Dancer Aged Fourteen by Edgar Degas at D.C.’s National Gallery of Art.

Up north, a climate activist in August smeared washable pink paint directly onto the painting Northern River by Tom Thomson at Ottawa’s National Gallery of Canada, then glued himself to the floor.

Overseas, anti-oil protesters in November used hammers to smash the glass covering the painting The Rokeby Venus by Diego Velázquez in London’s National Gallery.

At that same U.K. location, two anti-oil activists in October 2022 threw tomato soup onto the glass covering the painting Sunflowers by Vincent van Gogh.

What the bill does

The Consequences for Climate Vandals Act would double the maximum prison sentence from five years to 10 years for vandalizing art exhibits at publicly-funded D.C. area institutions including the Smithsonian, the National Gallery of Art, and the Kennedy Center.

The penalty could also apply to “property damage,” which could include acts like spray-painting graffiti on the side of the building or damaging the glass casing surrounding a painting, even if there’s no damage to the actual physical artwork itself.

It was introduced in the Senate as S. 3483 on December 13, by Sen. J.D. Vance (R-OH).

What supporters say

Supporters argue that an increase in the crime requires an increase in the punishment.

“There should be no tolerance for the vandalization of our historic works of art,” Sen. Vance said in a press release. “Apparently, a maximum penalty of five years in prison isn’t enough to keep these far-left protestors from tarnishing displays of cultural significance. Let’s make it 10 years and see if they’re still so bold.”

What opponents say

Few to no congressional opponents actually support art vandalism. Rather, they accuse Republicans of trying to score political points by specifically targeting protests that oppose fossil fuels and support climate change policies. They say Republicans’ purported respect for these art institutions is disingenuous, since the party has repeatedly tried to cut federal arts funding.

Besides, opponents argue, five years imprisonment is a fairly steep punishment already, making it unlikely that few (if any) protesters would be deterred by a 10-year punishment.

Odds of passage

The bill has attracted one Republican cosponsor: Sen. Mike Braun (R-IN). It awaits a potential vote in the Senate Rules and Administration Committee.

Odds of passage are low in the Democratic-controlled chamber.

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This article was written by GovTrack Insider staff writer Jesse Rifkin.

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