Climate activists who smeared paint on case protecting Degas sculpture indicted

May 27 (UPI) -- The two climate activists who smeared paint on the case protecting one of the most famous sculptures in modern art history housed at the National Gallery of Art in April have been indicted by a grand jury, despite the work being undamaged.

Timothy Martin and Joanna Smith were indicted by a federal grand jury in Washington, D.C., and charged with conspiracy "to commit an act against the United States" by smearing red paint on the case and floor around the work Little Dancer, Age Fourteen by the French artist Edgar Degas, court records show.

Martin and Smith, members of the climate group Declare Emergency, were also charged with "Injury to National Gallery of Art Property," a violation of 40 U.S. Code § 6303.

The penal code reads that it is unlawful to damage exhibits, including walls, at the museum.

The U.S. Justice Department said in a news release that Martin and Smith both self-surrendered to authorities on Friday.

Kaywin Feldman, the museum's director, released a video statement after the protest on April 27 in which she said the sculpture was removed for evaluation.

Prosecutors alleged that Martin and Smith caused $2,400 in damage to the exhibit's protective plexiglass and flooring.

If convicted, Martin and Smith face up to five years in prison and a fine of up to $250,000.